See 9.003 of the TX Family Code
A suit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before the SECOND ANNIVERSARY of the date of the decree or becomes final after appeal, whichever is LATER, or the suit is barred.
Monday, September 14, 2009
My employer does not want to withhold child support
Check out Chapter 8, Subchapter E (Rights and duties of Employer) in the TX Family Code.
Employers are ORDERED to withhold child support if they receive the right paperwork from the court.
The employer may deduct a small administrative fee for doing this paperwork.
Employers are ORDERED to withhold child support if they receive the right paperwork from the court.
The employer may deduct a small administrative fee for doing this paperwork.
Keeping paperwork
I encourage everyone to keep all copies of their records until the youngest child turns 22.
The OBLIGOR needs to keep all tax returns, all TX A G corrrespondence, pay stubs, copies of all child support payments, etc.
Some employers withhold child support from an employee's paycheck but they don't send the money to the TX A G office. If you can prove that the money was withheld from your paycheck, then you are innocent and the employer can be held in contempt of court for NOT mailing the money in.
The OBLIGOR needs to keep all tax returns, all TX A G corrrespondence, pay stubs, copies of all child support payments, etc.
Some employers withhold child support from an employee's paycheck but they don't send the money to the TX A G office. If you can prove that the money was withheld from your paycheck, then you are innocent and the employer can be held in contempt of court for NOT mailing the money in.
Maximum amout of child support withheld from earnings
The maximum amount of money to be withheld by an employer for an obligor's disposable earnings is 50%.
However, the obligor is obligated for 100% of the child support ordered.
Therefore, if a obligor takes a lessor paying job, the obligor needs to file a MODIFICATION to reduce the child support ordered.
If an employer does not withhold the right amount of money, the obligor is responsible.
In summary, carefully review each paystub to make sure that your child support is being withheld.
However, the obligor is obligated for 100% of the child support ordered.
Therefore, if a obligor takes a lessor paying job, the obligor needs to file a MODIFICATION to reduce the child support ordered.
If an employer does not withhold the right amount of money, the obligor is responsible.
In summary, carefully review each paystub to make sure that your child support is being withheld.
How to terminate spousal support
Chapter 8.056
The obligation terminates on the death of either party OR on the remarriage of the obligee.
Or, after a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.
The obligation terminates on the death of either party OR on the remarriage of the obligee.
Or, after a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.
Alimony has come to Texas!
TX Family Code Chapter 8 -- Maintenance.
We call alimony "spousal maintenance" in Texas.
However, spousal maintenance is limited in Texas. With some minor exceptions, the basic requirements are that the party seeking maintenance must have been married 10 years and be unable to be self-supporting.
The monthly payment is limited to no more than $2,500 or 20% of the payor's income, whichever is LESS.
Alimony is generally limited to no more than 3 years. However, if the former spouse is physically or mentally disabled, payments may extend for AS LONG AS THE DISABILITY CONTINUES.
Texas now allows a wage-withholding order to help the spouse collect their spousal maintenance.
Dividing retirement
During the marriage until the date of divorce, all retirement (401(k), pension, etc.) is usually divided 50%-50%.
In order to divide these benefits, the Judge must sign a QDRO document - Qualified Domestic Relations Order that is then sent to the employer(s) who divides the employees plan.
Anything BEFORE marriage is separate property.
In Texas, since we don't have legal separation, the community property continues to grow/decrease until the date of the divorce.
FYI: However, some plans are NOT divisable. The railroad has a retirement that states they will NOT divide this benefit EVEN if ordered to do so by a court.
In order to divide these benefits, the Judge must sign a QDRO document - Qualified Domestic Relations Order that is then sent to the employer(s) who divides the employees plan.
Anything BEFORE marriage is separate property.
In Texas, since we don't have legal separation, the community property continues to grow/decrease until the date of the divorce.
FYI: However, some plans are NOT divisable. The railroad has a retirement that states they will NOT divide this benefit EVEN if ordered to do so by a court.
Diving community property
The judge must determine what is "just and right" property division.
This does NOT mean a 50%-50% split.
This does NOT mean a 50%-50% split.
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