Legal Question in Medical Leave in Texas

my son's father was ordered to pay child support.

after a long battle, the attorney generals office finally was able to start collecting this for my son.

i received 2 payments and then nothing.

after speaking with the Attorny generals office, i found out that his employeer just simply stopped sending payments.

i have come to learn that my ex is out on FMLA and used all of his Paid time off before his elective surgery to go on a cruise.

since he is on FMLA is he sill required to pay child support?

what are my options at this point?

thank you

Asked on 5/14/12, 11:58 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

My understanding is that under FMLA, the employer isn't paying money to the employee. That being the case, there's nothing to garnish.

However, Dad is still required to pay the payments; his obligation to pay each month has nothing to do with garnishment or employment. He was ordered to pay. Period.

You can still go after him for non-payment of child support - and the AG should be helping you with this.

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Answered on 5/15/12, 6:51 am

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