Question about garnished wages for child support?

Question

My ex hasn't paid child support in months and he finally sent in the papers to have it taken out of his checks. My question is what about all the back child support he owes. Will they take an additional percentage to make up for it? (He owes like at least $1,500 right now.) Let's say he owes $300 a month in child support and only made $300. Would he get a check at all?

I live in Texas.

Answer 1

It's hard to say not knowing your state or legal agreement within. I think you can ask for the back support, and you might get the monthly amount + a smaller amount to make up for the arrears, say $350 a month. If he only makes $300 a month and that's what's due, they'll only take a portion of his paycheck, not all of it.

http://www.dol.gov/esa/regs/compliance/whd/whdfs30.htm

Answer 2

If he owes $300 a month and only made $300, the courts would take out a percentage of what he makes and the rest that he is not able to pay accumulates to back child support. Whenever he files his taxes, they will take his tax return and give it to you for the back pay he owes. The back pay that he owes will also affect his credit.

My ex owes about $12,000 in back pay. lol Somehow he finds loop holes so that I don't get his tax returns.

Answer 3

Here in CA if he owes and didn't pay, they take tabs on that and know the debt he acquired, so when income tax comes, guess where that money will go, yup to you. My ex owed on 3 kids ages 7,6,5 and has never paid. The 6 and 5 are mine, when I did my taxes, the guy told me to file the wrong way and all 7,000 were taken from me to pay his child support. So I got some of my money back through child support, but I filled with IRS to get all that money back. I cashed the CS checks anyways even the the IRS took the money back from them so he's back in debt.

Answer 4

The paper would specify how much for regular and how much for the previous months.

Answer 5

they will take out extra to catch up