Child Support Arrearages

**Bob A.** · 05-22-2005, 05:52 PM

I owe my ex-wife child support arrearages. I live in California. My ex-wife and daughter live in Texas. Our divorce was in Texas. My daughter has been emancipated for twelve years, she is thirty years old. No money is owed to any state or county, all of the arrearages are owed to my ex-wife only.

The Texas Attorney General recently forwarded the record of arrearages to California. California is collecting the arrearages through a wage garnishment.

I was told by an attorney that Texas must reduce this order to a money judgement. Texas never reduced the arrearages to a money judgement.

Is this wage assignment legal? Can California collect these arrearages if Texas has never reduced this order to a money judgement?

Also, who has jurisdicrtion in this case, Texas or California? My ex-wife and I have come to an agreement to settle the arrearages. California says it does not have jurisdiction in this matter, and Texas also claims that they do not have the jurisdiction to modify the order.

What a mess!

**aaron** · 05-23-2005, 07:54 AM

The procedure should be this:

Texas forwards a copy of the support judgment (and it doesn't have to be a money judgment presenting the balance due - but the judgment which created the support obligation) to California, requesting enforcement under UIFSA (the Uniform Interstate Family Support Act). California then commences an action to collect the money on behalf of Texas. You have the opportunity to challenge the California UIFSA action, but if you don't it will proceed.

If you and your ex- agree, you may be able to file a "satisfaction of judgment" in the Texas court which ordered the support, indicating that the judgment has been satisfied. This becomes more complicated if your wife received public assistance while she was receiving child support, as the state may have a claim to some of the proceeds.

**Bob A.** · 05-23-2005, 08:16 PM

Thank you for your reply. Now I understand.

I have an attorney and he tried to answer my question but I could not grasp what he was telling me. Now that I have read your answer, I have a better understanding of what is going on.

I do have more questions about my "mess" but I'm not quite ready to ask them yet.

Thanx again, I'll be back.

**Bob A.** · 07-05-2005, 06:22 PM

AAron Writes:
If you and your ex- agree, you may be able to file a "satisfaction of judgment" in the Texas court which ordered the support,

My ex-wife and I have agreed on an amount and a monthly payment. We have also signed a written agreement. What is the next step in the process to file this "satisfaction of judgement" in the court which ordered the support?

I have a lawyer, but I really don't think she knows what she is doing. She is sending the agreement to a case worker at The Attorney Generals Office.

Also, no money is owed to any state or county. My daughter has never collected any public assistance.