CORONAVIRUS AND PAYING YOUR CHILD SUPPORT
What relief, if any, am I going to get? What happens if I file for unemployment? Is my stimulus check subject to child support I owe?
First, the law in Texas is that every child support payment ordered to be due by any Court Order are final when they come due. Filing a motion to modify to ask the court to give retroactive relief as to a child support obligation preserves an Obligor’s right to go back to when the original lay off happened and have your child support reviewed for a reduction using that date. Even if you don’t get to court for a hearing for many months down the road, the law gives the Judge the discretion to use your filing date as the time to reduce your support.
Second, if you file for unemployment, then expect your ex to temporarily get the proper percentage of support from what you get from the TWC. The TWC determines your weekly unemployment amount by dividing your earnings for the highest-paid quarter of the base period by 25, up to a maximum of $521 per week.
Third, the United States Congress added a number of exemptions concerning the stimulus rebate payments within the CARES Act. However, they did not exempt child support arrears. Therefore, if an Obligor owes more than $150 in a public assistance case, or more than $500 in a non- public assistance child support case, federal law requires that the stimulus rebate payment be intercepted up to the total amount of child support owed.