You have been terminated what happens to the child support payment?

As an unemployment insurance attorney in El Paso, Texas I have many clients who are fired, terminated or laid-off and are forced to apply for Texas Unemployment benefits from the Texas Workforce Commission.  The question that many ask is how does this effect my child support?  The law in Texas is clear that unless you get your Child Support is lowered by a court order you have a continued obligation to pay your child support.  The Texas Workforce Commission will withhold child support from your Texas unemployment benefits.  However, the maximum amount allowed to be withheld is 50% of your Texas unemployment benefit weekly check.  Most of my clients ask me if their child support amount can be lowered until they find a new job on a temporary basis.  You can request a review of your benefits from the Texas Attorney Generals Office  but my experience is they are rarely willing to temporarily lower your benefits; but you should make that request.  Once you are reemployed if it is at a lower amount you should immediately request a review of your benefits or file a Motion to Modify your child support amount to be adjusted according to your new salary. You should also know that the Attorney General’s Office will often file a lien against your wrongful termination case if you are behind on your benefit payments.  This lien is enforceable and your employment/wrongful termination attorney is forced to obey the lien and pay the amount requested.  However, in my experience the Attorney General’s Office has worked with me in the past on lien amounts so that a case can be settled and still allow for the wrongfully terminated employee to receive some benefits.  However, you should always remember that even if the Attorney General’s Office does compromise on the lien, you will still owe the back child support amount.  Unfortunately I do not practice family law, but as an El Paso employment lawyer who deals with unemployment claims from the Texas Workforce Commission, Child Support orders are many times a claim that can be made by my client’s as a damage element that was loss when the employee was wrongfully terminated.  If you find yourself wrongfully terminated and you have child support obligations you should let your employment attorney know know about this obligation and you should start dealing with this obligation early on before it gets out of control.

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