If my daughter’s father is starting job going over-seas and getting paid non-taxable wages, will I still be able to collect child support?

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If my daughter’s father is starting job going over-seas and getting paid non-taxable wages, will I still be able to collect child support?

It is with a different company than he is currently working for and has not updated or given me the new info?

Asked on October 25, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Texas family code defines income fairly broadly-- and generally includes income from any source.  Regardless of whether it is taxable or not, any income can be including in the calculation of income for child support purposes. 

Your main issue, though, will be the actual collection of child support if the company is based oversees.  If the company is a U.S. company or a company that has a U.S. "home base," you can usually get them to accept an order withholding to garnish his wages.  If the new company is based and housed oversees, you'll need to get a family law attorney that is proficient in international law to get enforcement oversees-- not all countries recognize U.S. judgments or orders. 

If you are not sure where is is located or what his current income is, and he is required per your decree to update you on his residency status, then you can file a motion to compell or enforce with the same court that issued the original order.


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