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There are many enforcement devices available in most states. These include wage garnishments, making a negative report to credit reporting agencies, collecting past-due child support from lottery prizes won by the payor parent, intercepting tax refunds due the payor parent from state and federal income tax authorities, seizure of the non-paying parents property, obtaining a court order directing that the payor parent post cash deposit to secure payment of support, obtaining a court order placing the defaulting parent on probation, and lastly, usually where other methods have all failed, obtaining a court order sentencing the defaulting parent to serve jail time. John Nichols, Sr. practices family law in Houston. He has been listed as one of the best matrimonial lawyers in the U.S. in several journals and magazines including National Law Journal and Town & Country. |
Question: Spouse was required by order of garnishment to pay at max level (Texas). First month of payroll deduction, he also sent a personal check to the state. He was then advised by his payroll department to stop the check since his order was initiated that month and would process through payroll. State issued payment to me, then over 2.5 months recouped that stopped payment from me (half payment for 2 months, then partial payment for 3rd month). He is on a 26 week pay schedule, but was issued 27 paychecks in 2015, so no payment to me for the 27th check. The order started in August of 2015. With both the reduction over the 2.5 months and the missing payment, I am owed over $700. What remedies are available?