How to Stop Wage Garnishment for Past Due Child Support

Arrears child support payments, like back tax payments, do not go away, no matter how dire your financial situation is. Also like tax payments, if you get too far behind on your child support payments, you will get into legal trouble. To prevent you from receiving legal sanctions, however, the child support office will take it upon themselves to garnish your wages and make the payments for you (much like what the IRS does for back taxes). If you have fallen behind on your child support payments and cannot afford the wage garnishments, reach out to a compassionate Dallas child support attorney for legal advice.

Request a Hearing

At the Clark Law Group, we have helped both struggling mothers and fathers put an end to wage garnishment when they cannot afford child support payments and when they are far from current on their support. However, in order for the courts to grant you a hearing, you must have a good reason for not making your support payments. One good reason might be that your child moved in with you a while ago and you have been the only parent providing for him or her.

Another legitimate reason for your failure to make support payments could be that you have experienced a significant change in financial circumstances. A significant change might be that you lost your job and had to take on a much lower paying one, or you have experienced substantial health issues that have hindered your ability to work. You must show proof of your change in circumstances, but if the judge agrees that you cannot feasibly make the current payments, he or she may reduce the amount.

Ask for Forgiveness

Finally, Texas offers an arrears forgiveness program for parents who are substantially behind on child support payments. In accordance with section 231.124 of the Texas Family Code, obligors who voluntarily enroll in the arrears forgiveness program will receive a matching credit for every dollar that they pay towards past due child support payments each month. However, in order to maintain enrollment, they must meet current support obligations on time each month. Court involvement is not required for this program.

Consult With a Knowledgeable Dallas Child Support Attorney

At the Clark Law Group, we understand that life happens, and that situations may arise that can set you back financially. You should not be punished for this. If you are behind on your child support payments, do not panic, and do not do anything. Meet with a child support attorney who is familiar with Texas family law and who can help you put an end to wage garnishment so that you can get back to meeting your other financial obligations.

(image courtesy of Jackson Jost)