Judicial Writ of Withholding for Back Child Support in Upshur County
Can you collect unpaid child support in Texas after your child turns 18? Yes. Under the Texas Family Code, child support arrears do not expire. A Judicial Writ of Withholding allows custodial parents in Upshur County to garnish an obligor’s wages to collect back child support, even after the child reaches adulthood.
Quick Guide: Upshur County Legal & Filing Information
| Detail | Upshur County Info |
| Filing Office< | Upshur County District Clerk’s Office |
| Physical Address< | 100 W. Tyler St., 3rd Floor, Gilmer, TX 75644 |
| Jurisdiction | 115th Judicial District Court / Title IV-D Child Support Court |
Frequently Asked Questions
What is a Judicial Writ of Withholding for child support in Texas?
A Judicial Writ of Withholding is a legal court order that directs an employer to deduct unpaid child support arrears directly from an obligor’s paycheck. In Texas, there is no statute of limitations for collecting back child support, meaning arrears remain enforceable until paid in full.
How do I collect back child support for an adult child in Upshur County?
To collect back child support for a child over 18 in Upshur County, you must confirm the unpaid balance with the Texas State Disbursement Unit (TxCSDU), file a Petition for Judicial Writ of Withholding with the Upshur County District Clerk, and serve the issued order to the obligor’s employer for wage garnishment.
Step-by-Step: How to Get a Judicial Writ of Withholding in Upshur County
1.Confirm the Exact Amount Owed:Establish the certified balance before filing.
Gather all official financial records to prove the unpaid balance:
- Request a certified Arrears Statement from the Texas Office of the Attorney General (OAG) Child Support Division.
- Obtain payment history logs from the Texas State Disbursement Unit (TxCSDU).
- Review all prior child support court orders to confirm monthly obligations.
2.File the Petition with Upshur County District Clerk:
Submit a Petition for Judicial Writ of Withholding to the Upshur County District Clerk’s Office in Gilmer, TX. Your filing package must include:
- A copy of the original court order requiring child support.
- he certified arrears statement showing the current balance.
- Known details regarding the obligor’s current employer or active income sources.
Note: You can file through the Texas OAG, but hiring a private family law attorney usually speeds up the filing and enforcement timeline.
3.Attend the Court Hearing (If Contested):
If the non-custodial parent contests the writ, a hearing will be scheduled in the 115th District Court or Title IV-D Court. The judge will review:
- Proof of any payments made by the obligor.
- The official payment record and arrears calculations.
If the judge confirms the debt, they will sign and issue the Judicial Writ of Withholding.
4.Enforce Wage Garnishment via the Employer:
Once issued by the court, the writ is served on the obligor’s employer to initiate automatic payroll deductions. All garnished funds are processed through the TxCSDU to guarantee accurate record-keeping.
Alternative Ways to Collect Back Child Support in Texas
If wage withholding is unavailable—such as when an obligor is self-employed or unemployed—Texas law offers additional legal remedies to collect unpaid support:
- Bank Levies: Freezing and withdrawing funds directly from bank accounts.
- Tax Refund Intercepts: Seizing federal and state tax refunds before payout.
- Property Liens: Placing legal claims on real estate, vehicles, or personal assets.
- License Suspensions: Revoking driver’s, professional, hunting, or fishing licenses.
- Contempt of Court: Court enforcement actions that can result in fines or jail time for non-payment.
Recover Your Unpaid Support in Upshur County
Turning 18 does not erase past-due child support in Texas. If you are owed arrears in Gilmer or anywhere in Upshur County, a Judicial Writ of Withholding provides a direct path to securing the payments you are owed.
Need help enforcing child support arrears?
- Call Us: (713) 974-1151
- Get Started: Contact our family law office today to schedule a consultation.
