Texas Child Support
Texas child support may be obtained as part of a custody and divorce arrangement or as part of a separate legal action for the purposes of determining paternity and ordering support.
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Texas Child Support Garnishment Limits, Exemptions and Protections
While Texas uses the Consumer Credit Protection Act’s (CCPA) definition of earnings to determine which earnings are subject to garnishment limits, Texas garnishment law protects an employee’s disposable income more than the CCPA limits. Texas child support garnishment limits are more favorable to the employee than they are in many other states. Furthermore, even if the employee is subject to more than one order, the Texas garnishment limits can never be exceeded. In such cases, the employer will allocate current support so that each order is paid a certain percentage of the allowable disposable earnings of the employee.
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Under the laws of wage garnishment in Texas, all income, including lump-sum payments that are made to the noncustodial parent, is subject to Texas child support garnishment. An employer is bound by law to enforce child support garnishment against an employee with a support order, and upon failure to enforce the order may face heavy fines and civil suits. An employer may collect up to a certain amount of administrative fees for costs associated with wage garnishment, but the allowable amount differs depending on whether the support order is for child support or for spousal support only. The employer should be aware that upon termination or retirement of the employee subject to a support order, the employer is responsible for contacting the Texas Child Support Division and/or the issuing agency.
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When Texas child custody proceedings have concluded, the Texas Child Support Division or a County Domestic Relations Office will assign the noncustodial parent with an order for child support collection. Wage garnishment in Texas is enforced by the noncustodial parent’s employer, or administrator of other income. If an employer is served with an order for both child support garnishment and spousal support, the employer is responsible for indicating the amounts of each payment. The employer should be aware that there are different deadlines for remitting payment to the Texas State Disbursement Unit, depending on if they send the payment electronically or by check. The following information offers a basic explanation of Texas child support garnishment law.
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