FRAN BROCHSTEIN -- 713-847-6000 office and 713-805-9591 cell
Wednesday, September 5, 2007
Why should i spend money on wage withholding?
If you have minor children, I strongly urge both parents to do the paperwork right. It protects both parties. If the child support is paid through the Texas Disbursement unit, their payment schedule is automatically accepted by the courts.
If you had your spouse cash, your spouse might develop "amnesia" at a later date and not recall ever receiving any child support payments. If that happens, the burden shifts to you to prove that you paid every month.
The interest rate on past due child support is 6%. It adds up quickly.
If the Texas Attorney General's office gets involved, I strongly, strongly urge you to retain an attorney. If you miss one appearance before the judge, the State can get a default judgment against you. Again, the burden then shifts to you as to why you missed the hearing. If the court finds that you owe retroactive child support you have a very limited time frame to ask for a new hearing.
If you are found to be behind in child support payments the following could happen to you:
1. jail
2. all IRS tax refunds get directed to parent with custody of the child(ren)
3. your bank accounts will get drafted against and your outstanding checks will bounce
4. you could lose your driver's license
5. you could lose your U S passport
6. if you hold any sort of license to work (doctor, dentist, chiropractor, electrician, plumber, hairdresser, lawyer, etc.) you can lose your license
7. your credit reflect the past due amount
8. bad credit will mean that you will never be able to buy a home
9. child support is NOT dischargable through bankruptcy
10. child support obligation never goes away -- you could be paying it when you retire
11. the child support obligation continues even after you die -- your estate will need to deal with it.
Texas just passed some new laws on death and child support that just went into effect. I will address the new law at a later time.
If I have not scared you yet, then I have not done my job.
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