Wage Garnishment for Child Support in Texas: What Creditors Need to Know
For over 25 years, I represented debtors in over 4,000 consumer bankruptcy cases, including Chapter 7 and Chapter 13 bankruptcies. Now, I represent creditors seeking to recover what they are owed from Texas debtors. One area that frequently arises in creditor cases is wage garnishment, particularly in child support matters. In Texas, once child custody proceedings conclude, the Texas Child Support Division or County Domestic Relations Office will assign a non-custodial parent a child support collection order, often enforced through wage garnishment.
Child Support Collection and Wage Garnishment in Texas
Wage garnishment for child support is a legal mechanism in Texas, where a support order, known as a “writ of withholding,” is issued. This writ mandates that an employer or income administrator withhold a specified amount from the non-custodial parent’s wages to satisfy obligations for child support, spousal maintenance, or both. The payments must be submitted to the Child Support Division or the County Domestic Relations Office, as stipulated in the order.
How Wage Garnishment Works for Child Support and Spousal Maintenance
A writ of withholding ensures that child support or spousal maintenance payments are collected consistently. It is essential that each payment be clearly specified as either for child support or spousal maintenance. If the payment is intended for arrears, the order must indicate that it is designated to address overdue amounts.
In Texas, an employee can request a support order to be issued to their employer, provided that both the employee and employer sign the request. The writ is then served to an authorized individual or the employer. Once served, the writ of withholding is binding, regardless of whether the employer is named in the order.
Employer’s Role in Garnishing Wages for Child Support
If the employer receives an order for both child support and spousal support garnishment, they are responsible for distinguishing the amounts owed for each. Employers must adhere to specific deadlines for submitting payments to the Texas State Disbursement Unit (SDU). Payment deadlines differ based on how the payment is made—by check or electronically.
- Electronic Payment: Employers must remit payments electronically within two working days following the employee’s payday.
- Check Payment: Employers must submit checks on the employee’s payday.
Employers with over 250 employees must submit payments electronically to the Texas SDU. Additionally, if an employer handles wage garnishment for multiple employees, they can make a combined payment, provided each employee’s payment is clearly identified.
Combined Payments and Multiple Garnishments
For employers who have employees subject to multiple writs of withholding—such as those for both child support and spousal maintenance—combined payments are allowed. However, the employer must ensure that the payment amounts are properly allocated for each employee, as required by the Texas Child Support Division.
How Creditors Can Ensure Proper Collection
As a creditor’s attorney in Texas, I assist clients in ensuring that child support and spousal maintenance payments are made correctly and promptly. If you’re facing issues with garnishment or need help navigating child support enforcement, it’s essential to understand the proper procedures and deadlines that employers must follow.
