Question: I recently returned from military deployment where I completed my child support obligation in 2007.
When I returned to my civilian job they continued to take child support from my pay despite numerous attempts from the Attorney General ordering them to stop the garnishment. I am at wits end.
What can I do to stop this? I’ve already met my obligation!
Answer: I am assuming the garnishment is coming from your civilian employment pay as opposed to any pay you may still be receiving for your service in the military. In order for the support obligation to end, the child support enforcement agency in your state likely requires a Termination of Child Support Order. Support does not automatically terminate in most states. To stop the collection, you have to file a motion with the Court that originally ordered the support. A letter from the Attorney General will not suffice.
If this is concerning your military pay, you should also contact the Defense Finance and Accounting Service located in Cleveland, Ohio; the contact information is below:
PO Box 998002
Cleveland Ohio 44199-8002
1-888-332-7411 (toll free Customer Service)
Either way, you should contact a domestic litigation attorney licensed in Texas immediately to file a motion to terminate the support order. The attorney will need to review a copy of your original order of support to confirm that the obligation to pay child support ended in 2007. Although I do not practice in your jurisdiction, Cordell & Cordell has many attorneys licensed and located in Texas who would be happy to help.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.