The decree of divorce must contain clear and specific language on the amount of child support to be paid, who is to pay the support, who the support is payable to, where and how it is to be paid, and when it is to be paid. It is usually preferable that all child support payments be made through your county’s child-support office or through a wage-withholding order.
If clear and specific language is not contained in your divorce decree, you will have to file an enforcement action with the court if your former spouse becomes delinquent on child support payments. The court has the authority to issue a wage-withholding order (if one has not already been issued by the court) to deduct child support from the paying parent’s earnings. This document has to be served to the paying parent’s employer, however, before it can become effective.
Michael Geary is a Board Certified family-law specialist and shareholder with the law firm of Geary, Porter & Donovan in Dallas.