Those who are more than several months behind on their child support payments may see their wages garnished to cover what they owe. While many wage garnishments are meant to collect a debt that is owed, money is sometimes withheld from a paycheck in error. Those who are facing this in Texas can take action to stop an improper garnishment.
There are some ways in which a court will not order the garnishment of wages or will halt a garnishment action that has already been ordered. If the parent has paid their child support and can prove it, the court would rescind the order. To persuade the court, one must show evidence that they have paid their mandated child support. In addition, if the garnishment would mean that the parent would not have any money to live on, a court may also halt it.
Other reasons to stop a garnishment are that the payer actually had custody at the time or the other parent hid the whereabouts of the child. It is not easy to end a garnishment once it has been ordered, but it is possible. One of the best things that a parent can do is to avoid a situation where garnishment is an issue in the first place. Even if this is no longer a possibility, they still have legal rights.
Those who believe that their paychecks are being garnished either in error or improperly could seek the advice of a child support lawyer. Making the case to the court why the garnishment should stop is not always easy. That’s why a payer could benefit from the assistance of an attorney who can make sure that their rights are respected.