Father-custodial parent-resides in Texas
Mother-non custodial parent-resides in Arizona
Court Order-Texas
Arizona is garnishing wages and sending the amount to us even though the order is from Texas.
Agreed upon child support modification reducing child support for the mother was filed in Texas court September 28th, and a copy was sent to me, the father who is the custodial parent.
The order states: "It is ordered that [mother] is obligated to pay and shall pay to [father] child support of $300.00 per month with the first payment being due and payable on September 1, 2006..."
This has been a long, drawn out process with mother taking nearly a year for her to hire, make payments to lawyer, and form a modification that I (father) could agree to. When I was home on R & R from Iraq in August, I signed the modification. The lawyer assured me that the date stated above would be changed to show the month following when the modification was filed with the court. Apparently, that didn't happen.
Currently mother's wages are being garnished by the state of Arizona at the amount stipulated by the court when custody was reversed plus $120.00 a month in arrearages. I agreed to lower the amount since any review by the attorney general would have her paying more, not less.
Mother is now e-mailing my wife (I am still in Iraq) telling her to return $132.00 in child support from the month of September.
1) Are we legally bound to send back this money even though most of it would be credited towards her arrears, and we have already used that money?
2. If her wages countinue to be garnished at the higher amount(until the states coordinate records), are we required to send back the difference between that and the $300? That would be fine except she would be credited for paying arrears, when if fact, she had not.
Mother-non custodial parent-resides in Arizona
Court Order-Texas
Arizona is garnishing wages and sending the amount to us even though the order is from Texas.
Agreed upon child support modification reducing child support for the mother was filed in Texas court September 28th, and a copy was sent to me, the father who is the custodial parent.
The order states: "It is ordered that [mother] is obligated to pay and shall pay to [father] child support of $300.00 per month with the first payment being due and payable on September 1, 2006..."
This has been a long, drawn out process with mother taking nearly a year for her to hire, make payments to lawyer, and form a modification that I (father) could agree to. When I was home on R & R from Iraq in August, I signed the modification. The lawyer assured me that the date stated above would be changed to show the month following when the modification was filed with the court. Apparently, that didn't happen.
Currently mother's wages are being garnished by the state of Arizona at the amount stipulated by the court when custody was reversed plus $120.00 a month in arrearages. I agreed to lower the amount since any review by the attorney general would have her paying more, not less.
Mother is now e-mailing my wife (I am still in Iraq) telling her to return $132.00 in child support from the month of September.
1) Are we legally bound to send back this money even though most of it would be credited towards her arrears, and we have already used that money?
2. If her wages countinue to be garnished at the higher amount(until the states coordinate records), are we required to send back the difference between that and the $300? That would be fine except she would be credited for paying arrears, when if fact, she had not.