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He can see it because our county court is online. That's how I have known things are wrong. The attorney said the problem is judges go off the print out from the attorney general on arrears and their print out shows no arrears because they have never put in 2006 orders so they have the incorrect support orders but they have garnished the amount they put in. The June 4 court date is to modify current child support and suspend the 2003 orders. The lawyer stated is absurd since the 2003 orders were suspended upon the judge signing orders in 2006. He also said they actually didn't even file to modify medical support but the motion. To.modify child support could be stretched to include medical so he's not as concerned with that. I guess there's no point in bothering with this if they can do this when they please. I can go back to court and end up right back here again since they obviously don't have to be accountable or fix their mistakes. The salt in this wound is that I agreed to a MUCH lower amount of CS in 2006 and they garnished even less. I also carried the I sur acne and paid 100% out of pocket so the NCP got away with $430/mo for child and medical support (total) on a special needs child. The attorney looked it all over and figured up that I'm owed closer to $15,000.00 plus interest. I don't know why my son has to go without support because the AG made a mistake. RIDICULOUS!!!!

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?

Things went from bad to worse today. I met with my attorney who advised me they haven't filed for a contempt or arrears gesture or updates their system to reflect any arrearages. He quoted me $5,000.00 to take the case because basically he's going to be fighting the AG. He sees the mistake and said it clear and he's NEVER heard of holding the child's payments until court. The lawyer actually said this is a good case for the possibility that they are retaliating against me for outing their mistake which is typical state beurocracy. I can't even begin to come up with 5 grand to redo what I already paid a lawyer to do so my son I'm going to have to just forget it I guess. I'm so mad!
1. Does anyone know who I would contact above the AG or outside of their website online complaint system?
2. Who oversees the AG?
3. Are there any advocacy groups that love these types of cases against the state or would help because he's special needs and gets no assistance?

Disability is based on income so I'm not sure how they are on it but I'm not worried about getting it. My son will be 18 soon and can apply then. I have also started speaking with my attorney about lifetime child support after my son turns 18. I have talked with supervisors and I was told they were releasing the payments but they haven't released them. The case is for modification and enforcement. Modifying CS and medical support and enforcing CS and they did file a contempt on the arrears. I have looked at the file and nothing changed. They have admitted they entered the wrong orders. My ex took me back to court every year trying to get custody back and every time the orders for support would go up or there would be a contempt. In 2006 the order read to refer back to my final decree of divorce for CS and the AG looked back at a modification and not the final decree. The AG simply entered an old order which was for $105.00/mo less. That adds up over 8 years. I'm going to talk to my lawyer today but it irritates me because I already paid a lawyer in 2006 and now I have to pay him again to get them to enforce what was ordered. I really don't have the money for an attorney but I also can't afford for them to play games and cost me all the arrears or current support while they try to cover up their mistake.

It makes no sense to me either. I have filed complaints with the AG. It seems like such a mess for what was originally a clerical error.

[on:]

Attorney General has messed child support up and I'm confused (http://deltabravo.net/forum/index.php?topic=41413.msg323798#msg323798)
« on: Today at 01:58:15 PM »


In 2006 I went to mediation and came out with an order to receive child support (http://deltabravo.net/cms/search.php?q=support&s=Search&r=0) and medical support. The Texas attorney general (AG) has not taken the correct amount since then. They have shorted me ( $105.00/mo X 8 years). I remember calling about this in 2009 but the person I got was hateful and of course I didn't know what I was talking about. I recently filed for a review (around September 2013) and a formal complaint about the CS never getting fixed. The AG set a hearing on April 4,2014 and notified the ex of the over $10,000.00 arrears at the hearing. She was given a continuance and we have a new hearing June 4,2014. As of April 10 the AG quit dispersing my child support. Now they claim until the hearing they can't release the payments and they have to have a hearing to fix the wage withholding to the correct amount. I used the AG because I don't have money for a lawyer and really don't feel I should have to pay for one. I paid one the first time around and they haven't followed the judges orders.
I'm so confused! The AG must garnish wages and disburse all CS in Texas so when they entered my orders for wage withholding the wrong amount (probably from an old order was entered).My son has never got welfare or Medicaid benefits and he doesn't receive SSI because its based on our income and we make to much.
Is this normal behavior for them? What are the chances they are playing games and my child is going to lose all that support (since it's their error)? I spoke with my attorney who knows my son is special needs and he said representing me in the hearing is best but I can go to the hearing and see what they do. If it's not what I think is fair come to him immediately and we can file an appeal. I feel like the AG is retaliating because I pointed out their mistake. My son is the one suffering.[/size]

Yes in 2006 I got an order for $530.00/mo;however, the attorney general (AG) has only taken $425.00/mo since then. Since my child is 16 I decided I better formally file a complaint (they ignored my previous calls about it) and the AG office called me back and after months said yes they made a mistake but claim they can't just change the wage withholding (even though I have a court order) and since we have to go to court I should have child support and medical support reviewed. I agreed and in April the AG had a hearing but that was the first time they told the NCP that the wrong amount has been garnished so naturally the NCP asked for a continuance and they reset it for June 4. Since that court date I haven't received any support so today I looked online and saw that they are receiving payments but holding them. Now they claim that since we have a court case pending they have to hold the payments until after the court date. So at this point hey are garnishing less than ordered and holding the payments. I got so furious I finally threatened to call our local state representative and advocacy groups they claim they are releasing the funds they have but I won't get anymore until we go to court. None of this makes sense to me! The reason they have garnished the wrong amount is my ex took me to court every year trying to get custody for about 5 years so our orders changed constantly and somewhere along the way they put old orders in or didn't update orders. In Texas all child support has to go through the attorney general (child support unit) even though I had a private attorney in 2006 the AG has to handle the withholding and disbursement. My child has never had any services from the state or welfare.  It's a common misconception that a disabled child is entitled to SSI but it goes by the parents income and he has never qualified since my ex and I are both nurses. This is simply a clerical error that seems to be going to the extreme. I don't know if I need to hire an attorney (I really don't have the Money you for one and I feel like I already paid an attorney for these orders). Are they covering up their mistake? Will they go in his favor so it doesn't look bad on them? Is there a family code or TAC (Texas Administrative Code) that gives them the right to act in this manner? If I contact local state representatives will it make it worse for me? These are the things I'm concerned about.

In 2006 I went to mediation and came out with an order to receive child support and medical support. The Texas attorney general has not taken the correct amount since then. They have shorted me ( $105.00/mo X 8 years). I remember calling about this in 2009 but the person I got was hateful and of course I didn't know what I was talking about. I recently filed for a review (around September 2013) and a formal complaint about the CS never getting fixed. The AG set a hearing on April 4,2014 and notified the ex of the over $10,000.00 arrears. She was given a continuance and we have a new hearing June 4,2014. As of April 10 the AG quit dispersing my child support. Now they claim until the hearing they can't release the payments and they have to have a hearing to fix the wage withholding to the correct amount. I used the AG because I don't have money for a lawyer and really don't feel I should have to pay for one. I paid one the first time around and they haven't followed the judges orders.
I'm so confused!
Is this normal behavior for them? What are the chances they are playing games and my child is going to lose all that support (since it's their error)? I spoke with my attorney who knows my son is special needs and he said representing me in the hearing is best but I can go to the hearing and see what they do. If it's not what I think is fair come to him immediately and we can file an appeal.

I just wanted to share with all the good fathers trying to do the right thing. I finally got my orders modified and my ex now gets supervised visits at my discretion to be determined by me. She is currently sitting in jail on child support for another child and there is a case pending for child support on my daughter. This has not been an overnight process. I originally won custody in 2005 she then slowly got visitation back and in 2010 was given extended visitation even though CPS had several cases since the custody change in 2005. She was very good at "cleaning up" long enough to get through court. I have spent thousands of dollars on lawyers and played the CPS game several times. Keep fighting for what is right for your children!!! This woman was finally seen for what she is and at this time has not seen her children in over a month, CPS has placed her oldest with a relative and will not be closing her case, shes in jail, and there is finally justice for the children.

Have you considered finding a facility in your area that does supervision for visits because those facilities also do exchanges? You find a facility and then ask the judge to have the exchanges done at this facility (they make the parent bring the child 15 minutes early and the parent leaves and then the other parent arrives and takes the child). Some of these facilities video but they all make notes. Make sure the court order states who is to pay for this. If BM pulls any nonsense then it is noted by LPC's and they can testify in court. They have no contact with the parents so they stay neutral. It would be well worth is!!!