Withholding, payments are often facilitated by the courts and a governmental agency through wage garnishments. Typically, a parent’s wages are only garnished if a parent is severely in arrears. Often a parent charged with paying may wonder how the process evolves from beginning to end. Here’s some information about how the wage garnishment process works and what to do in case there are mistakes.
Sec. 154.007. ORDER TO WITHHOLD SUPPORT FROM INCOME. (a) In a proceeding in which periodic payments are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158.
(b) If the court does not order income withholding, an order must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs.
(c) An order must be construed to contain a withholding provision even if the provision has been omitted from the written order.
(d) If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court.
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Either parent can request a modification due to changed circumstances. Examples of circumstances which may necessitate a change order include:
- Changes in income
- Medical expenses
- Additional costs associated with raising the child as he or she grows