does child support have to be garnished, or can it be agreed upon and paid without garnishment? 2 Answers as of November 24, 2010

In Collin County, if child support was agreed upon. Does the judge have to sign a wage garnishment paper? I have a noncontested divorce and have downloaded the papers, but not sure which ones are required by the court and which are optional,

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Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
By statue, a court is suppose to sign a wage withholding order in any case that orders child support; however, in the decree that orders the child support, the court can ordered that the service of the withholding order upon the employer can either take effective immediately or be suspended.
Answer Applies to: Texas
Replied: 11/24/2010
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
First, the wage withholding order is for your benefit. I have no idea why everyone is scared of them, it benefits both sides. The person getting support usually claims that they get the money faster without the WH Order. However, the delay is only on one check, then the system catches up. Plus, if the payor does not pay, the evidence is already in the Court's file. If however, your ex decides to screw with you in 4-5 years (don't think for one second this does not happen) and claim you own 4-5 years of support - you have to prove you paid it, every penny. If you pay through the registry, proof you paid is already in the Court's file.

So, you do not have to do a WH Order, but in my professional opinion, you are making a bad gamble if you do not.
Answer Applies to: Texas
Replied: 11/23/2010
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