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If a company does not pay child support after being notified by the Texas OAG, can it be sued?

Plano, TX |

My ex is a sole proprietor and is not paying in child support. Is it possible to have the OAG send a garnishment order to his company and then sue his company for failing to comply? Does it matter if he's making money at his new company?

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Attorney answers 1


Yes. There are two type of "notifications" the company may have recieved. One is a Judicial Writ of Withholding and the other is an Administrative Writ of Withholding. Regardless of the type, Chapter 158 of the Texas Family Code provides for civil remedies against an employer that fails to withhold income for child support as intstructed in an order or writ issued to them. The code allows the Court to fine the employer up to $200 per occurence, which could add up over time.

It also matters if the employee is making money. The employer can only withhold up to 50% of the employee's disposable earnings. If the employee is not making any money, 50% of $0 is $0.

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