- Note:
- Only an attorney can give legal advice. The information
provided by the Family Law Information Center is not intended
as legal advice and may or may not be applicable to your
specific situation.
- Child
Support
- How can I start collecting child support?
- Do I need a lawyer?
Jim Fashing
Interim Executive Director
500 E. San Antonio
Suite LL-108
El Paso, Texas 79901
Phone (915) 834-8200
Fax (915) 834-8299
Domestic Relations Office
-
Court Order to Withhold Wages
-
-
Withholding from Earnings for Child Support - FAQ
-
- How do I get my child support withheld from
the obligor's paycheck?
- Generally, a special document called a "withholding order"
must be sent to the obligor's employer, ordering the employer
to withhold or garnish the support from the obligor's check.
This is separate from the order which sets the amount of child
support (such as the decree of divorce or decree establishing
the parent-child relationship). The withholding order tells
the employer that they MUST take the child support from the
worker's check and send it to the child support registry.
-
- I don't have any document called an
"Employer's Order to Withhold," all I have is my divorce
decree (or paternity decree, or modification order). What can
I do?
- The Domestic Relations Office can prepare a withholding
order for you for a $30.00 fee, or you may pay a private
attorney to prepare the withholding order for you. To
download the DRO application for preparation of a withholding
order, click
here.
-
- Once I have a withholding order, what do I
do to get the employer to follow it?
- You need to have it "issued" to the employer. This means
that the Domestic Relations Office sends a certified copy to
the employer by certified mail, and proof that the employer
received it is then filed in the court's case file. The FEE
for having a withholding order issued is $30.00.
Click here.
for the form to request issuance.
-
- The withholding order has been sent to the
employer, but they're not withholding the child support. What
can I do?
- Once a proper withholding order has been issued to an
employer, that employer MUST comply, or face possible
penalties such as fines. The Domestic Relations Office can
help resolve this problem. All you need to do is fill out
the Application to Enforce a Withholding Order Against
Employer, and pay the $30.00 application fee. Click here
for the Application to Enforce a Withholding Order Against
Employer.
-
- My ex has gotten behind in paying the child
support. Can I get a withholding order for more than just the
regular support, so he/she gets caught up on what is owed?
- Under certain circumstances, yes. However, if your ex has
gotten behind, you may want to apply for enforcement of that
court order through the DRO. The fee to apply is only $30.00,
and that way we can assess the circumstances of your case to
determine the best way to insure you get all the child support
you are owed. Click here to download the application to enforce
child support.
-
- Will the DRO prepare withholding orders for
spousal support (also known as maintenance or alimony?)
- If the case also involves children, we can prepare the
withholding order. If the parties did not have children with
each other, we cannot.
|