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Withholding from earnings

Started by Kboeds, Apr 21, 2005, 08:13:10 PM

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Kboeds

Hi Soc, sorry to jump in with another question while I have one pending .

I live in Texas and that is where my custody and support order are filed. In our court order, a withholding from earnings was filed. Because there was a change in our order, from my ex paying me to me paying him there was some confusion with the payments.

My employer never received the order, so after waiting about a month I thought I should go ahead and mail in the two months payments that would have been due by that time. About a week after I mailed them they were direct deposited into my account as payments from my ex to me. I contacted my ex and told him what had happened and that my employer never got the order and that his attorney never made the necessary changes with the state.

About a month later I got a letter from the state saying that the account had been set up to receive payments from me. My ex received a letter at the same time and called me complaining that my employer had not sent him anything. I explained to him that my employer never received anything from the courts and that my payments had been returned.

Ex has a letter from the courts stating that the order was delivered to my employer on Oct 25th? Yet my employer never recieved it. I have been making my child support payments myself every pay day. Paying through the state of course.

What I would like to know is..

1) Since the withholding was never received and I have been paying myself, when my DD turns 18 and Graduates, do I need to go back to court to stop the CS obligation?  

2)Or since I am paying it can I just stop when that time comes?

My Ex does not know that I am paying and not my employer.

Thanks!

socrateaser

>1) Since the withholding was never received and I have been
>paying myself, when my DD turns 18 and Graduates, do I need to
>go back to court to stop the CS obligation?  

If there is no withholding order in force, you can stop, when the order terminates by its language. If the employer starts withholding under the order, then you must file a motion to terminate the withholding order.

Kboeds