Premier Family Law Attorneys

An Employer May Withhold Income for Child Support Payments

In Texas, as well as everywhere else in the United States, divorce often profoundly affects children. While their parents may be looking forward to a better life ahead, the children often feel insecure and off-balance. Because the household finances are often split in the divorce process, children are typically concerned about who will support them. Hence, in the best interest of the child, Texas courts often award physical child custody to one parent and the courts order the other parent to pay child support. It is mandatory to pay child support in the United States and, if necessary, state organizations can collect child support on a custodial parent’s behalf.

If a non-custodial parent default on child support payments, some organizations may also withhold income from that parent. Texas law requires that child support be deducted directly from the paycheck of a supporting parent. When a Texas judge creates a child support order, the judge will also order “An Employer’s Order to Withhold Income for Child Support.” That document is then sent to the employer of the non-custodial parent.

This type of order requires an employer to deduct child support from the paycheck of an employee who owes child support. The withholding order will be applicable even if a supporting parent changes jobs. That parent must furnish all information related to a job change to ensure that child support payments are continued. A non-custodial parent will also need to provide details about the name of the company, the address, and the phone number when changing jobs.

An income withholding order pertaining to child support may also be withdrawn based on an agreement between custodial and non-custodial parents. The agreement will be in effect until the non-custodial parent has caught up on child support payments. Though an income withholding order may make the child support payment process smoother, if a custodial parent still has issues obtaining child support, it may be a good idea for him or her to consult an attorney to assist.