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Author Topic: Attorney General has messed child support up and I'm confused  (Read 8631 times)

shuckybucky

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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.


ocean

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Re: Attorney General has messed child support up and I'm confused
« Reply #1 on: May 05, 2014, 02:36:16 PM »
Little confused...(but I am from a different state).

2006- You got a court order stating xx in child support then you never were paid the correct amount since then?

Do you have child support offices in your state? Here, we would go to the child support office and give them a copy of the judges order to enforce. Not sure how they arrived at a different amount to pay you UNLESS you/child received state benefits during this time. If you/child received state medical or money (rent/food card) benefits then your child support would be reduced to help pay the state back.

Also, you child should be receiving SSDI (social security disability benefits) if child is disabled under federal guidelines. This does not reduce the amount of child support.

You can always file for child support enforcement in the family court near you for free or small filing fee yourself.

If you have court orders and it was the state who messed up, you will be owed the money. You can make a deal with ex to pay off that amount or let the state handle the amount to pay each month until the arrears is paid off.

shuckybucky

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Re: Attorney General has messed child support up and I'm confused
« Reply #2 on: May 05, 2014, 09:38:07 PM »
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.

MixedBag

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Re: Attorney General has messed child support up and I'm confused
« Reply #3 on: May 06, 2014, 07:12:29 AM »
I'd be more inclined to advise going UP their chain of command vs. a representative personally.
What you're saying makes no sense to me -- holding it until court part.
 
 

shuckybucky

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Re: Attorney General has messed child support up and I'm confused
« Reply #4 on: May 06, 2014, 07:48:18 AM »
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.


ocean

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Re: Attorney General has messed child support up and I'm confused
« Reply #5 on: May 06, 2014, 02:50:00 PM »
Have you tried:
1. Call the CS office and ask for a supervisor, then ask for their supervisor. Say you see payments but you are not receiving them as court ordered and you want that money released.
2. Send CS office a registered (signature) letter stating the same thing (proves you asked them).
3. Go to their office and see someone in person.

Also, SSDI should only have to do with the child. I know a few children here whose parents have good jobs and child still receives. Not SSI, SSDI.

Also, go to your family court and ask for copies of your last 2 child support orders. Might be a slight change it was changed without you realizing it.

What type of papers were filed for this court date...modification? or enforcement? If it is modification, then it can change the amount of the order. Contempt of court/enforcement hearing would be better to just ask why you are not receiving the amount ordered.

Ugg.. Good luck...took me months and months to straighten out an issue then my ex was in arrears for thousands of dollars. System is broken.

shuckybucky

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Re: Attorney General has messed child support up and I'm confused
« Reply #6 on: May 07, 2014, 06:45:35 AM »
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.

ocean

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Re: Attorney General has messed child support up and I'm confused
« Reply #7 on: May 07, 2014, 05:15:37 PM »
Sometimes on enforcement/contempt of court cases you can file for lawyer fees ...but in this case since it was the state who screwed up, probably won't make your ex pay it.

shuckybucky

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Re: Attorney General has messed child support up and I'm confused
« Reply #8 on: May 07, 2014, 08:55:08 PM »
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?

ocean

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Re: Attorney General has messed child support up and I'm confused
« Reply #9 on: May 08, 2014, 06:06:38 AM »
Not sure how the lawyer can see all of that but okay. What did they file in court then if you have a court date?

1, Do they have a building you can go to and see a person?
2. Request an accounting of your case in writing ....(but they will just print out what they paid out so not really going to show anything).
3. You can file in family court yourself , contempt of court for non-payment (it will be added to the case that is already going on) and ask for lawyer fees in those papers. "petitioner asks that the courts garnish the child support in the correct amount from previous court order dated xxx. Petitioner asks that the AG let go of the hold on all payments and she was told that they will not disburse payments until the court date which is unfair to the child to hold child support monies. Petitioner also asks for lawyer fees and she has been asking this to be fixed for years and neither the AG or respondent has made any attempt to adjust the child support to the correct numbers.

A judge has the power to change it and once the AG sees their are court papers against them making them look stupid, they may change their thinking. Family court has the paperwork to fill out and sometimes it is online for you to do at home. Here a person types it up for you at the family court intake office.

 

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