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Main Forums => Dear Socrateaser => Topic started by: shuckybucky on May 07, 2014, 08:31:15 PM

Title: How to handle the Attorney General
Post by: shuckybucky on May 07, 2014, 08:31:15 PM
All parties live in Texas and the orders are in Texas being handled through the attorney general. In 2003 I went to court (one of several court modifications) and had a modification of child and medical support as well as a contempt on the NCP. In 2006 we went to court again and another modification of child and medical support was entered and a contempt.
 The AG office never entered the 2006 orders. Even though I used a private attorney in Texas the AG handles all wage withholding and disbursement. I contacted them in 2009 and they blew me off and told me I was wrong. I left it alone thinking when the arrears were paid up they would fix it.
In September 2013 I made a formal complaint that the 2006 orders have never been entered causing them to with hold $105.00/mo to little from the NCP and they never took the arrears ordered in 2006. After a lot of run around they finally set a hearing telling me it was for the arrears, modify current support, and modify medical support.
I went to court on April 4, 2014 and they called me in a room and said we couldn't have the hearing because the NCP wasn't notified of arrears until that moment so he was entitled to time to retain a lawyer. The AG attorney verbally told me the amount of arrears he owed which was roughly $10,000.00 but reported the computer system hasn't been updated.
The AG stopped giving me child support April 10 but have continued to garnish it from the NCP. They state they are holding all payments until after our next hearing. Their system hasn't been updated so it looks like he has no arrears. Since filing the complaint about their mistake with my orders they have intercepted my support payments on 3 separate occasions. Feels like retaliation from where I'm sitting.
I have filed complaints and they respond verbally but put nothing in writing so they never follow through with anything. I contacted a lawyer but he quoted me $5000.00 because he's basically fighting them to even prove the arrears. I he informed me there is no contempt filed or mention of the arrears but it's clear by looking they have over looked the 2006 order. I don't have the money to pay a lawyer to fix what I already paid a lawyer to do and then this could happen again. This is a special needs child that gets no assistance and has never been on Medicaid or welfare so we don't owe the state a dime. One last piece of info is the lawyer the NCP had for the 2006 orders is also now the main supervisor attorney at my local AG office.
1. How do I go over the AG heads? How do I file a complaint with the top of the chain of command at the AG office?
2. Is there a process that requires them to fix their own mess up?
3. Are there any advocacy groups that might take this case for free or assist me to get through their beurocracy?
4. What can I do to fix this without paying a lawyer or going through the AG?
Title: Re: How to handle the Attorney General
Post by: MixedBag on May 09, 2014, 10:26:30 AM
There is no attorney in this section anymore -- so the advice and questions (from me) stands and is the same.
Why did you wait even 3 years to call?  3 months at most...
Title: Re: How to handle the Attorney General
Post by: shuckybucky on May 09, 2014, 08:26:48 PM
Why does it matter how long I waited? Have you ever dealt with the Texas Attorney General? If I had waited 10 years it's still something my child is entitled to. Would it change the circumstances if I had began dealing with this issue 6 years ago instead of the 5 years I have been dealing with it?
Title: Re: How to handle the Attorney General
Post by: MixedBag on May 10, 2014, 09:49:54 AM
Whether or not I've dealt with the AG office of TX is not relevant.
2006 to 2014----ummmm that's 8 years.
NO ONE is saying that your child isn't entitled to receiving court ordered support -- so don't get nasty with me and put words in my mouth that I didn't say.
I am trying to help and based on what you added in the other thread.....your situation is not as cut and dry as you think it is.....and the fact that you WAITED until 2013 to file or do something about it does not help your case. 
This is family court.
The court may now be thinking that the fact that you haven't complained means that the status quo of the past should be accepted.......
For example, when a CP allows additional time to the NCP say over a period of 6 months to a year -- and then all of a sudden takes the time away, the NCP can argue that the CP should give the time back because of past history of agreeing for 6-12 months....
So you're not talking time with the child -- you're talking dollars....
And your order from 2006 is not clear because it doesn't say specifically which order to refer to by date -- unless you left out that detail in your other post.
Title: Re: How to handle the Attorney General
Post by: MixedBag on May 10, 2014, 09:51:37 AM
Oh yea....get mad at me -- that's ok.
It's more constructive that you getting mad at the system -- so when the outcome is not 100% how you thought it should be -- you'd have a clue that something in the middle between your opinion and her opinion might happen and it will be an easier pill to swallow.
Title: Re: How to handle the Attorney General
Post by: shuckybucky on May 10, 2014, 03:46:36 PM
 Whatever pill I swallow will be swooshed down with $.  ;D