Child Support Lien

[BizyLizy]

All parties reside in Texas. DH is custodial parent.

NCP is about $7,000 in child support arrears.  She has been paying consistently for the past 7 months.

Property lien has been placed against NCP by the Texas Attorney General.

NCP unknowingly has unclaimed property, totally $1,950, that was escheated to the State of Texas in 2000 & is now being held by the state's Comptroller's office.

We have inquired about having these funds intercepted to offset NCP's arrears, and TX A.G. says it probably will be intercepted if NCP tries to claim the funds, but Texas Comptroller's office says that they only intercept if there is a tax lien, though she couldn't explain the difference.  She appeared confused, and finally told me to speak to an attorney.

Questions:

1.  Is it legally possible to intercept these unclaimed funds to offset the NCP's child support arrears?

2.  If so, how?

[socrateaser]

>1.  Is it legally possible to intercept these unclaimed funds
>to offset the NCP's child support arrears?

Probably not. It depends on the conditions of the arrears order. If the NCP is ordered to pay X dollars per month, then that's all that is required, and unless there is some statute that permits an intercept of other funds, then you can't reach those funds without a specific order.

>
>2.  If so, how?

File a motion for a writ of mandate or execution ordering the State to turn the money over to you.