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Wrong Arrears Balance & No Help from AG

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ibahowell

Junior Member
What is the name of your state? Texas

To make a long story short my husband has been back and forth to family court and meetings at the attorney general's office for various things recently.

1st time was for modification of child support by his ex which was declined becuase his % dropped due to our two children so his ex did not get any more $

2nd time was brought on by us because my husband was laid off and we needed a reduction in child support for a temp. amount of time, but he was declined because it took them over three months to call our case up and by that time he found a new job same pay. I was angry about this because we fell behind in bills because his unemployment $ was garnished for child support so we were left with almost nothing. We rely on both our incomes to support us and we are normal people living normal lives nothing extravogant. Why will they increase support in a heart beat, but will not lower it for a temp time when it caused us to go past due and not support our two children? What can one do to speed this up so that if he becomes unemployed we can modify child support right away?

3rd time was brought on by his ex. When my husband lost his job and insurance we cert. mailed his ex a letter saying we are losing coverage and these are the options: she cover him for a small period of time with us reimbursing her, or we would open a private policy. She did not respond to my letters, but put him on her insurance with out telling us. His son told us he was being covered by her work so we did not open a policy. When he got his new job and insurance we sent his ex the paper and proof so she could remove him from her policy. She then took us to family court because they would not agree about medical insurance. She wanted us to reimburse her for insurance from here forward so she could have control of insurance. We knew he would owe her for the period we did not have insurance and that was no problem. Her claim was declined and we cover him, but owe $ to her for insurance which was added to his arrears balance. At no time has any of the parties had a lawyer and we really did not see a reason for one as the issues were clear. But.... At the end of every meeting the parties sign the documents... No one went over the documents, he was told to sign saying he was there and that the item was resovled. So here is the issue: The case was transfered from the regualr child support office to the attorney general and the case # changed. His work paid on two case # and three months of payments were misapplied. She got pymt, but we never received the credit. So we asked to go over this at the Family Court hearing and was told that it was a matter we had to discuss with the AG. We had asked several times to meet over the balance being wrong and that I had the proof.... Finally a meeting was set up to go over it. The case worker at the AG's office found the pymts with no problems what so ever, but because they dated back before a signed judgement. The judgement she is referring to is when he signed a paper stating that he owed his ex for 3 months of insurance coverage. She lady at the AG's office was very nice and helpful but cannot give "legal" advice..., but she said she can handle about half of the misapplied pymts, but the others are before the judgement. IT WAS THEIR MISTAKE WHY CAN'T THEY FIX IT??? They have proof of pymts in their system and I was provided a copy. How can I get this fixed? What do I do? It is not worth it to let it go, but if I get a lawyer it will cost just as much. I was told that the ex could sign off on it... but she refuses and said tough sh*t for you. We feel like the system is out to get NCP's. They push you around, won't help, and take extra time to file the NCP's modifications. I feel like we are paying the price for all the NCP's that DONT Pay. We do have an arrears balance from when he was unemployed and they would not reduce his payment. REDUCE not REMOVE. So there is a balance and they added the ex's medical to it (which we owe) but now the balance is over half wrong because of their error. FYI...We contacted them within weeks of seeing the discrepancy.

THANKS!!
ibahowell
 


Phnx02

Member
This kind of mix-up happens frequently when dealing with a state's AG office. They are overworked, underpaid, and often lack the proper education for the work they do. However, you should consider yourself lucky you got a response/hearing within just 3 months of filing for a modification. I filed for such almost 11 months ago, and am still waiting for my number to be called.
 
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princess0

Guest
What kind of attorney to hire?

We are going through a similar problem. We are not educated in arrears laws enough to fight the system on our own. What type of attorney should we seek for fighting arrears? The child is over 18 now and not going to college. Cs is over, but now the arrears and the interest is crazy. It will take forever to pay. The amount is wrong and we would like someone to investigate. This would be California, but we live out of that state now. This is the monkey on our backs.... This child is not and has never been involved with our lives (not a child by blood, but by law). Long story, but we just need help on figuring out how arrears works. Thanks for reading a question from a newbie to this and law.. :eek:
 

Phnx02

Member
princess0 said:
We are going through a similar problem. We are not educated in arrears laws enough to fight the system on our own. What type of attorney should we seek for fighting arrears? The child is over 18 now and not going to college. Cs is over, but now the arrears and the interest is crazy. It will take forever to pay. The amount is wrong and we would like someone to investigate. This would be California, but we live out of that state now. This is the monkey on our backs.... This child is not and has never been involved with our lives (not a child by blood, but by law). Long story, but we just need help on figuring out how arrears works. Thanks for reading a question from a newbie to this and law.. :eek:
Whether you choose to get involved in a child's life or not.....if you are deemed the parent (by law) and ordered to pay child support, then you must abide by the law. If you do not pay as ordered and fall into arrears, then this is your problem. Your husband is a dead-beat dad plain & simple and asking others for advice on how to still "beat the system" is ignorance. Make the payment(s) to get rid of the monkey.
 
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princess0

Guest
You must be a lawyer

Thanks for nothing. You must be an attorney or wanna-be-one by your insensitive attutude. You must investigate before you judge. Innocent before proven guilty. It's ****s like you that make people hate the legal system.. Always prejudging and stereo-typing. Sounds like you like the robot world of law. Thanks again for nothing.
 

jacknjill

Member
Phnx02 said:
Whether you choose to get involved in a child's life or not.....if you are deemed the parent (by law) and ordered to pay child support, then you must abide by the law. If you do not pay as ordered and fall into arrears, then this is your problem. Your husband is a dead-beat dad plain & simple and asking others for advice on how to still "beat the system" is ignorance. Make the payment(s) to get rid of the monkey.

The husband lost his job.....doesn't make him a dead beat dad....Geezzz...what's with people.....not all dad's that are in arreages, are deadbeats!!!!
 

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