Legal question
#1
TECH Enthusiast
Thread Starter
iTrader: (17)
Join Date: Aug 2005
Location: San Antonio, TX
Posts: 523
Likes: 0
Received 0 Likes
on
0 Posts
Legal question
Anyone with a connection to the Attorney General's office or anyone with a legal connection to an attorney who is SOMEWHAT reasonable on their costs please PM me. Thanks in advance.
#3
TECH Enthusiast
Thread Starter
iTrader: (17)
Join Date: Aug 2005
Location: San Antonio, TX
Posts: 523
Likes: 0
Received 0 Likes
on
0 Posts
appreciate the advice, but this is really a non-contested issue.
Here's the quick and dirty:
there is no court order for my Child Support payments to be handled through the Attny General...however, due to a knee-jerk reaction to a conversation my ex clicked the link on their website to request a review.
Now, all of a sudden they are now pulling payments from my payroll. My ex has attempted to "put the dog back on the leash" so to speak. After a LOT of running around by my ex, the case with the Attorney General is closed ...but the payroll garnishment continues.
In a nutshell, the attorney general will stick a knife in you, but isn't authorized to pull it out.
A local attorney (specializes in CS cases) wants to charge me $1500 plus court costs to modify the order (but there IS NO ORDER to modify...WTF?) I'm thinking a regular ol attorney can probably take care of this since there is no contest.
it sucks...
Here's the quick and dirty:
there is no court order for my Child Support payments to be handled through the Attny General...however, due to a knee-jerk reaction to a conversation my ex clicked the link on their website to request a review.
Now, all of a sudden they are now pulling payments from my payroll. My ex has attempted to "put the dog back on the leash" so to speak. After a LOT of running around by my ex, the case with the Attorney General is closed ...but the payroll garnishment continues.
In a nutshell, the attorney general will stick a knife in you, but isn't authorized to pull it out.
A local attorney (specializes in CS cases) wants to charge me $1500 plus court costs to modify the order (but there IS NO ORDER to modify...WTF?) I'm thinking a regular ol attorney can probably take care of this since there is no contest.
it sucks...
Trending Topics
#8
11 Second Club
iTrader: (9)
Yes there is an order under Texas law. It just does noy require a hearing in front of a judge
SUBCHAPTER E. MODIFICATION, REDUCTION, OR TERMINATION OF WITHHOLDING
Sec. 158.401. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING BY TITLE IV-D AGENCY. (a) The Title IV-D agency shall establish procedures for the reduction in the amount of or termination of withholding from income on the liquidation of an arrearages or the termination of the obligation of support in Title IV-D cases. The procedures shall provide that the payment of overdue support may not be used as the sole basis for terminating withholding.
(b) At the request of the Title IV-D agency, the clerk of the court shall issue a judicial writ of withholding to the obligor's employer reflecting any modification or changes in the amount to be withheld or the termination of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 65, eff. Sept. 1, 1997.
Sec. 158.402. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING. (a) An obligor and obligee may agree on a reduction in or termination of income withholding for child support on the occurrence of one of the following contingencies stated in the order:
(1) the child becomes 18 years of age or is graduated from high school, whichever is later;
(2) the child's disabilities of minority are removed by marriage, court order, or other operation of law; or
(3) the child dies.
(b) The obligor and obligee may file a notarized or acknowledged request with the clerk of the court under Section 158.011 for a revised judicial writ of withholding, including the termination of withholding.
(c) The clerk shall issue and deliver to an employer of the obligor a judicial writ of withholding that reflects the agreed revision or termination of withholding.
(d) An agreement by the parties under this section does not modify the terms of a support order.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 66, eff. Sept. 1, 1997.
for a writ to be issued to an employer by the clerk.
Termination of writ? Here you go.
SUBCHAPTER E. MODIFICATION, REDUCTION, OR TERMINATION OF WITHHOLDING
Sec. 158.401. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING BY TITLE IV-D AGENCY. (a) The Title IV-D agency shall establish procedures for the reduction in the amount of or termination of withholding from income on the liquidation of an arrearages or the termination of the obligation of support in Title IV-D cases. The procedures shall provide that the payment of overdue support may not be used as the sole basis for terminating withholding.
(b) At the request of the Title IV-D agency, the clerk of the court shall issue a judicial writ of withholding to the obligor's employer reflecting any modification or changes in the amount to be withheld or the termination of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 65, eff. Sept. 1, 1997.
Sec. 158.402. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING. (a) An obligor and obligee may agree on a reduction in or termination of income withholding for child support on the occurrence of one of the following contingencies stated in the order:
(1) the child becomes 18 years of age or is graduated from high school, whichever is later;
(2) the child's disabilities of minority are removed by marriage, court order, or other operation of law; or
(3) the child dies.
(b) The obligor and obligee may file a notarized or acknowledged request with the clerk of the court under Section 158.011 for a revised judicial writ of withholding, including the termination of withholding.
(c) The clerk shall issue and deliver to an employer of the obligor a judicial writ of withholding that reflects the agreed revision or termination of withholding.
(d) An agreement by the parties under this section does not modify the terms of a support order.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 66, eff. Sept. 1, 1997.
for a writ to be issued to an employer by the clerk.
Termination of writ? Here you go.