Having child support withheld from pay is becoming the norm in Texas Child Support cases. It is almost always preferred by the person receiving support and, more and more, the preferred way of paying it (cuts down on problems and missed/late payments). Here are a couple options for setting that up.
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Getting support established
Child support is most often established at the time of divorce or, in the case of parents, who aren't married, at the time that the father's parentage is established (through a parentage, also known as a paternity, action or a suit affecting the parent child relationship). Child support is established through a Court Order and is most often required to be paid, by the paying party (the Obligor) to the receiving party (the Obligee), through the Texas State Child Support Disbursement Unit in San Antonio, Texas. The Disbursement Unit (SDU) then sends the money on to the Obligee.
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Having support withheld from the Obligor's paycheck
At the time the child support is established, or at any time thereafter, either the Obligee or Obligor can request that the Court enter a Wage Withholding Order. This Order tells the Obligor's employer to withhold the support from the Obligor's pay and send it to the SDU for the benefit of the Obligee. If child support is established through a divorce decree, or other action in which the parties are represented by private attorneys, usually the attorney for the Obligee will prepare this order. However, either attorney can prepare it and have it signed by the Judge. More and more often, Obligors are preferring to have their support withheld so that they don't have to deal with it. It happens automatically and the Obligor doesn't have to worry about it. If support is established through a Texas Attorney General action, the AG will almost always prepare the wage withholding order.
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Ways to get started
If you already have child support established, but it is not being withheld from the Obligor's payroll, you have several options: 1) You might be able to work through the Texas Attorney General's office to get a wage withholding order entered (check out their website for more information); 2) Contact your county's District Clerk's office for forms to pursue the withholding on your own; or 3) Consult with an experienced family lawyer in the county, or a nearby county, in which the child support was established. An experienced lawyer can work with you for the purpose of having the withholding order entered by the Court.
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