Really need advice and help about multiple state cases. I have a child support decree in State A. CP and child moved to Texas after divorce. I moved out of State A to State C this year for a job. I informed CP about new job and change ins salary to increase cs. Response: started case with the Texas Atty Generals Office and want back payments and modification. Because our cs decree is not registered in any state for enforcement, I have been sending cheque payments.
All I want is for jurisdiction of child support modification to be in State C - which according to the Texas Family Code, should be in State C because I live there, and CP is the one requesting the modification. However, the question of jurisdiction crops up because of the enforcement of current cs decree. I have not been regular in my payments before this year, but I have paid what I can and when computed, the total amount of what I have paid is more that what Texas is now saying I owe in back child support.
Texas sent notice of intent to report to credit bureau (CP claimed there was zero dollars in payment over the years!), and informed me that my wages will be garnished for current cs decree PLUS the claimed back pay. So basically, they are going to take it out of my salary AND then report me to credit bureaus.
Lawyer told me not to respond to Texas to avoid giving them jurisdiction. I was told that I will be served for a hearing for backpay. But Texas did not do that - they just informed me that they will garnish it straight out of my wages, no hearing at all. How do I respond to this and prove previous payments, total of which is over what they are claiming, without giving them jurisdiction over me for the following modification?
All I want is for jurisdiction of child support modification to be in State C - which according to the Texas Family Code, should be in State C because I live there, and CP is the one requesting the modification. However, the question of jurisdiction crops up because of the enforcement of current cs decree. I have not been regular in my payments before this year, but I have paid what I can and when computed, the total amount of what I have paid is more that what Texas is now saying I owe in back child support.
Texas sent notice of intent to report to credit bureau (CP claimed there was zero dollars in payment over the years!), and informed me that my wages will be garnished for current cs decree PLUS the claimed back pay. So basically, they are going to take it out of my salary AND then report me to credit bureaus.
Lawyer told me not to respond to Texas to avoid giving them jurisdiction. I was told that I will be served for a hearing for backpay. But Texas did not do that - they just informed me that they will garnish it straight out of my wages, no hearing at all. How do I respond to this and prove previous payments, total of which is over what they are claiming, without giving them jurisdiction over me for the following modification?