Arrearage Payments Amount Challenge Case In Texas
In Starck v. Nelson, 878 S.W.2d 302, 308 (Tex. App.--Corpus Christi 1994, no writ), the appellant challenged the amount of arrearage payments after the trial court ordered him to pay arrearages of $ 200 monthly. See Starck, 878 S.W.2d at 305, 308-09.
We noted that arrearages are enforced through income withholding orders, and that up to 50% of the disposable earnings may be withheld for child support and arrearage payments. See Starck, 878 S.W.2d at 308.
Because the monthly arrearage payments exceeded the permissible percentage to be withheld from the appellant's earnings, we held the court abused its discretion in determining the amount of monthly payments. See Starck, 878 S.W.2d at 309.
Although we did not address whether an arrearage may be properly reduced to periodic payments, we implicitly authorized such action. See id.
In Starck v. Nelson we observed that "the amount of arrearage to be paid each month is determined by the court and is subject to review for an abuse of discretion.