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SRDEsq

SRDEsq

Brain (6,589)

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Submitted 200 days ago...

marianne59

marianne59

New User (2)

Wage Garnishment on 1099 contract labor workers (Texas)

What if the non-custodial parent gets paid by commission only, or is contract labor? How do you collect child support when there is a wage garnishment order in place already?

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Answer 1 / 1 - Submitted 200 days ago...

SRDEsq

SRDEsq

Brain (6,589)

You may have to go back to court and garnish his bank account. Sorry to say. You should speak to your atty about this evasion as soon as possible; if the DA/state/county child support atty is handling this for you, you need to notify that office.

 

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Comment 1 / 2 - Submitted 200 days ago...

marianne59

marianne59

New User (2)

Thank you so much for the advice and information. You answered my question and gave me a course of action to follow. I do not have an attorney. The OAG (Texas) handled custody and on-going child support. I will notify them of his new work address, etc., as well as being listed as contract labor with the company. Seems to me that even if he doesn't make an income on a regular basis, that, when/if he does get a commission payment, that amount should have wage garnishment taken from it by the employer just as if it would have been if wages were paid on a payroll schedule; otherwise everyone who owed child support could list themselves as contract labor and never have their income garnished. Seems too easy, but I'm not a lawyer, and I don't know all the rules regarding wage garnishment. I owned a small business back in the 90's, and I had to garnish wages or get fined myself if I didn't.

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Comment 2 / 2 - Submitted 200 days ago...

SRDEsq

SRDEsq

Brain (6,589)

You have the exact mindset and legal argument to make this happen. You are exactly correct, in that EVERYONE would be a "contractor". You missed your calling, never have I had anybody that has asked a question on here extrapolate my answer into public policy lile you did. High five and think about law school.

and the bottom line is , if everybody would just pay their child support , hal;f of our courrooms would be empty.

similar to the parents that gripe about having to pay for college. the same parents that were all worried about paying for this little cute adorable infant geting into Harvard, once they are divorced , they have to be drug kicking and screaming into court to support them through beauty school.

The child didn't change, nor did the child's future self suffciency, just the parent changed.

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