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Messages - shuckybucky

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I posted in a forum that's no longer open and another one. I wasn't sure where to post it. All of the original posts were made at the same time but I didn't see a rule about not posting in different forums. Thank you for your response though.

What do the current orders say pertaining to visitation? Usually if there is a 50/50 plan then there is also a clause for geographical restrictions because a 50/50 visitation plan only works of your within so many miles of each other. If there are restrictions already in place then she has to modify the visitation to move the children (she can move but leave the children with the father). Modifying child support is a separate issue. If there is nothing already in place to keep her from moving then file a motion. Maybe he should file for custody since he's had the children half the time and staying with him wouldn't disrupt their life but staying with Mom will. In Texas I believe you file for a family court restraining order (which states neither party can disrupt the child until a judge makes an order) as well as the request to modify and the case is heard within 2 weeks because the restraining order is time sensitive.

The AG finally updated their system. The arrears are a few dollars under $15,000.00 and they released the payments they have been holding. It's been a long battle. Court in June to modify existing orders and this chapter will be over!!!!

I understand completely. The NCP has been non compliant since the day we divorced and seems to get away with it. At one point the judge found the NCP in contempt on 5 different things! It's frustrating and this is a special needs child. At one hearing the NCP actually stated to the judge I should just get Medicaid instead of an order for medical support. I feel like my son is blessed to have 2 parents that make above average wages and we should support him until we die. Its our obligation not the state or governments. I have paid for him to go to a special needs school for years, paid  %100 of medical, dental, and psych care, meds, paid for all clothing (for both houses), I even paid for all child care while with the NCP (to ensure my son had adequate care) and I have never tried to get the extras paid by the NCP and I gave full access to visitation because I just want my son to be happy and taken care of. I'm only irritated at the AG for not fixing the mistake and updating their system so I can pursue the NCP. My attorney also pointed out the clause that states it's the NCP responsibility regardless if there is a wage with holding in place so ultimately the NCP is the one that has to pay it all up. My ex is the type that if I asked for assistance paying for something for my son (for instance his birthday cake for the party I throw every year and both families are invited) the response is "I pay child support. I'm not paying for anything else." but of course had no problem sponging off of me. I could go on and on but in the end I did everything for my son's benefit and all I'm asking for is the bare minimum that's court ordered.

Dear Socrateaser / Re: How to handle the Attorney General
« on: May 10, 2014, 04:46:36 PM »
 Whatever pill I swallow will be swooshed down with $.  ;D

I couldn't have gone back to court within a few months of the order because as I stated due to NCP never working full time at the job the AG garnishes I have never gotten the correct amount of support. The NCP has tried on numerous occasions to get CS lowered but always walks out with a contempt. That's why we have had so many orders. My attorney got the NCP tax return Friday from the attorney general and using it the CS should double plus medical support. The NCP attorney drafted the court order and she works for my local AG so it doesn't matter the Co tempt will happen. If they want too stick with 2003 orders then the contempt will be for about 3X as much money. As my attorney stated they can't pick and chose what part of an order they want and since it was a mediated order and both attorneys in record from 2006 will be there its not going to be a hard case. The only problem is getting them to update their system. I won't stop filing requests and complaints until this is resolved. As I stated before it isn't my son's fault they ignored the court order and my many requests to look at it so he's not the one that should go without.

I retained him to go with me to the June hearing and ensure the current child support and medical support get handled properly. I did not retain him for the contempt because they acknowledged to me and my attorney that the arrears are owed and it's in the hands of their financial department to get the numbers together. My attorney advised I hold off on the contempt and see if they will file the contempt or at least update their system. I'm not worried about getting the ex in trouble but my son deserves the money he is entitled to so I want it on record. The NCP does work full time and that's one reason I want my attorney there. The NCP is a nurse and works at agencies where you determine how many hours you want to work. The NCP will get 2 different agency jobs and whichever one the AG is garnishing from will only work a few hours a week there. In court the NCP always brought a 12 hour paycheck trying to keep CS from being increased. My attorney is going to be there to keep that from being acceptable and to ensure my son gets a proper medical support order. As it is now the NCP pays $100.00/mo and I carry insurance and pay %100 out of pocket. Since this is a special needs child that's a bargain for the NCP...... If you think about the amount the amount shorted since 2006 the NCP has paid 0 medical support. The court orders are legal, binding, and valid and the odd thing is the AG has the correct order in for medical support from the 2006 order but not CS. If they wanted to play some game and claim the 2006 orders aren't real then the NCP would owe me every dime of insurance premiums because our 2003 orders said the NCP had to reimburse me for it. The arrears would be 2 - 3 times higher plus the out of pocket is through the roof.
The issue seems to be that our 2006 order states "refer back to final decree of divorce for child support order" then it went on to order medical support and arrears on the contempt. The AG (whoever proof reads the orders and put them in) referred back to the 2003 modification child support order instead of the final decree of divorce. Now they have it in a mess! They told my attorney (I was in the room when he called the AG) that they placed the current support on hold because they aren't sure what's correct at this point.  As my attorney pointed out to them they are still garnishing the wages from the NCP even though they don't know whats correct so they feel that's ethical but not to send them to the CP for the child? I asked my attorney what law their operating under and he bluntly said they aren't. This is completely illegal but family courts don't operate like any other court. He's hoping the pressure I have put on them, the complaint I filed with the OIG, and the fact I have retained an attorney might help them get this mistake resolved and the AG attorney told my attorney she would like to hear the contempt at the June 4 hearing but it's waiting on the financial specialist.

Dear Socrateaser / Re: How to handle the Attorney General
« on: May 09, 2014, 09:26:48 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?

As I stated I began calling in 2009. It was impossible for me to know any earlier because the NCP has been in contempt with arrears since the final divorce so it's constant contempt and arrears piled on top of each other. At one point I was told they could only garnish up to a certain percent of the NCP check and the NCP wouldn't work full time so its easy to see where garnishments weren't enough. Of course I REALLY have a valid court order. That's not even an issue. I don't know how I would have a court order that isn't really an order. I paid an attorney and went to court and a judge signed the orders. That's all that's required. The issue is the AG overlooked the 2006 orders and now it's a nightmare getting them to fix it. I actually retained my attorney today and he called while I was in his office. The case is just as I presented it and they acknowledged it. They are still dragging their feet filing the contempt. Why now??? I have been dealing with them since 2009 about this issue. Even if I hadn't began contacting them in 2009 that wouldn't mean the issue doesn't exist or that it's my fault. I guess I don't live in a world of being able to hire an attorney and run back to a judge but the issue is until they update their system what would I show a judge? Contempt for arrears are based on the AG system and their system doesn't show the arrears because they are using the 2003 orders. People and agencies make mistakes....... Even a state agency.

Just an update- after thinking and stewing I decided to I file a written complaint online to the Office of Inspector General Department of Criminal Justice about the handling of the this case and that with holding the payments is retaliation to my previous complaint and blowing the whistle on their mistake. I also included this is a special needs child and their actions are causing serious medical and physical undue stress and hardship as we have no other resources to provide his care. They are garnishing the money from the CS but not dispersing it to the NCP so who is to provide for this child? I also mentioned the attorney on the 2006 orders for the NCP is also the lead attorney for the AG office. I'm so irritated by this incompetent mess! Everyone makes mistakes but fixing them shouldn't be the burden of the innocent. I'm not sure they are the correct agency but at this point I have nothing to lose. I'm getting $0 and will have to pay a lawyer to get what I already paid him to get me in 2006. Maybe at the least it will get someone's attention outside of the AG office. This is a time where I might need to be the squeaky wheel. :o

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