Sometimes Texas child-support disputes can continue well past the child’s eighteenth birthday. A Texas appeals court recently decided a case regarding back child support for children who were in their 50s.
This case dealt with a writ of income withholding and child-support liens. Pursuant to Tex. Fam. Code § § 158.301, a parent may file a notice of application of judicial writ of withholding if there is a delinquency in child support that is at least the total due for a month. The notice must include the amount of the arrearages and the amount to be withheld. Tex. Fam. Code § 158.302(1). The obligor may file a motion to stay the writ within 10 days of receiving the notice. Tex. Fam. Code § 158.307(a). The clerk of court may not deliver the judicial writ of withholding until a hearing has occurred. Tex. Fam. Code § 158.308.
According to the appeals court’s opinion, the trial court ordered the father to pay child support when the parents divorced in 1970.