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Owed $30,000 in child support!

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TexasMomToSix

Junior Member
What is the name of your state (only U.S. law)? Texas

My husband has custody of his two children and his ex-wife was ordered to pay support of $350/mo. back in 2001. His case is being handled by the Attorney General's Office in Dallas. The ex is currently about $30,000 in arrears, which included unpaid child support and unpaid medical support. It's been a real battle over the years -- her disappearing, not letting the AG's office (or us) know where she was living, quitting jobs, working under the table, avoiding being served legal papers, etc. We FINALLY got a court date back in August, at which time we were told that a hearing date would be set for Jan. 14th 2009. The Judge ordered her to make her payments from then until the court date, and to come with 10% of what the arrearage is on January 14th or she would be facing up to 180 days in jail and a fine. Of course, we have not received any payments at all.

Today we received an "Answer to Motion for Enforcement" from the public defender's office. A lot of what is in there doesn't make any sense, and most of it is simply NOT TRUE!

For example, it states that she object to the assignment of this case to a judge;

that she denies the allegations of the Motion for Enforcement;

that the order is incapable of being enforced because it is ambiguous and that she does not know what her duties/obligations are;

that she has had insufficient notice of the hearing;

that the Court does not have jurisdiction because the Enforcement was filed after the obligation had been terminated
(?? both children are still minors);

that she lacks and has lacked the ability to provide the support and is involuntarily unemployed;

that my husband voluntarily relinquished possession of the children in excess of ordered visitation and she is therefore entitle to an off-set --
she hasn't even SEEN the children in almost 5 years!

that some amounts were paid by her to my husband (NOT TRUE)

and that she objects to the Request for Production of Documents because she has a right to not give evidence which can be used against her...???

So we're both pretty confused and don't really understand what this means or what we should do next. Is it time for us to "bite the bullet" and hire an attorney? It seems as though the Attorney General's Office is just so backlogged on these cases. The ex has never been penalized in any way for non-support (and as you all know, at $350/mo it takes a LOT of NOT paying to get to be $30,000 behind!), and a lot of people have told us we will get more done if we hired a private attorney.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas

My husband has custody of his two children and his ex-wife was ordered to pay support of $350/mo. back in 2001. His case is being handled by the Attorney General's Office in Dallas. The ex is currently about $30,000 in arrears, which included unpaid child support and unpaid medical support. It's been a real battle over the years -- her disappearing, not letting the AG's office (or us)
She doesn't have to let US know.
know where she was living, quitting jobs, working under the table, avoiding being served legal papers, etc. We FINALLY got a court date
No, WE did not.
back in August, at which time we were told that a hearing date would be set for Jan. 14th 2009.
No, WE were not.
The Judge ordered her to make her payments from then until the court date, and to come with 10% of what the arrearage is on January 14th or she would be facing up to 180 days in jail and a fine. Of course, we have not received any payments at all.
Of course WE have not, since WE are not entitled to any payments.

Today we received an "Answer to Motion for Enforcement"
No, WE did not.
from the public defender's office. A lot of what is in there doesn't make any sense, and most of it is simply NOT TRUE!

For example, it states that she object to the assignment of this case to a judge;

that she denies the allegations of the Motion for Enforcement;

that the order is incapable of being enforced because it is ambiguous and that she does not know what her duties/obligations are;

that she has had insufficient notice of the hearing;

that the Court does not have jurisdiction because the Enforcement was filed after the obligation had been terminated
(?? both children are still minors);

that she lacks and has lacked the ability to provide the support and is involuntarily unemployed;

that my husband voluntarily relinquished possession of the children in excess of ordered visitation and she is therefore entitle to an off-set --
she hasn't even SEEN the children in almost 5 years!

that some amounts were paid by her to my husband (NOT TRUE)

and that she objects to the Request for Production of Documents because she has a right to not give evidence which can be used against her...???

So we're both pretty confused and don't really understand what this means or what we should do next.
WE don't have anything to do.
Is it time for us to "bite the bullet" and hire an attorney?
Nope, US should not hire an attorney. (Your husband might want to though).
It seems as though the Attorney General's Office is just so backlogged on these cases. The ex has never been penalized in any way for non-support (and as you all know, at $350/mo it takes a LOT of NOT paying to get to be $30,000 behind!), and a lot of people have told us we will get more done if we hired a private attorney.What is the name of your state (only U.S. law)?
YOU are not a party to this AT ALL! Mind your place in the equation.


And, finally...
Did you have a question???
 

TexasMomToSix

Junior Member
Is there anyone who has any experience or advice with this? Is it best to have a private attorney, even when the AG's office is "handling" the case? What are the pro's to hiring an attorney, rather than let the AG's office continue?

Also, in her "Answer", are those things that she is going to have to show proof of when this does go to court? And does anyone know what chance she might have of actually postponing the court date? I would think that 8+ months time is sufficient...(she was served in May '08, and again, the court date is Jan. '09).

Zigner -- I'm sorry that you feel the need to "put me in my place" rather than give any helpful information and/or advice. I came here looking for advice and/or information.
 

Zigner

Senior Member, Non-Attorney
Is there anyone who has any experience or advice with this? Is it best to have a private attorney, even when the AG's office is "handling" the case? What are the pro's to hiring an attorney, rather than let the AG's office continue?

Also, in her "Answer", are those things that she is going to have to show proof of when this does go to court? And does anyone know what chance she might have of actually postponing the court date? I would think that 8+ months time is sufficient...(she was served in May '08, and again, the court date is Jan. '09).

Zigner -- I'm sorry that you feel the need to "put me in my place" rather than give any helpful information and/or advice. I came here looking for advice and/or information.
Yep - I have some advice that I'd give to a party to this action...
 
K

kidyivau1

Guest
hi

I would never let the childsupport office or ag handle anything legal, only enforcement. My ex took me back to lower his c/s if I would have went in with no attorney he would have won but the attorney asked for his last 6 months of bank statements and my ex was not reporting his overtime so it was raised... I just think a privvate attorney is working for his money and does more. Thats whatI would do if I were you.
 

Ohiogal

Queen Bee
I would never let the childsupport office or ag handle anything legal, only enforcement. My ex took me back to lower his c/s if I would have went in with no attorney he would have won but the attorney asked for his last 6 months of bank statements and my ex was not reporting his overtime so it was raised... I just think a privvate attorney is working for his money and does more. Thats whatI would do if I were you.
Go back to your own thread, sit there and shut up. DO NOT give advice and DO NOT post on other people's threads. YOU ARE CLUELESS.
 

LdiJ

Senior Member
Is there anyone who has any experience or advice with this? Is it best to have a private attorney, even when the AG's office is "handling" the case? What are the pro's to hiring an attorney, rather than let the AG's office continue?

Also, in her "Answer", are those things that she is going to have to show proof of when this does go to court? And does anyone know what chance she might have of actually postponing the court date? I would think that 8+ months time is sufficient...(she was served in May '08, and again, the court date is Jan. '09).
If your husband feels that its actually possible to collect from her if she is gone after strongly enough, then it might be worth it to hire an attorney.

However, if she does not have garnishable wages or any hard assets to levy, I wouldn't throw good money after bad.

Zigner -- I'm sorry that you feel the need to "put me in my place" rather than give any helpful information and/or advice. I came here looking for advice and/or information.
The unfortunately you did not get the point that was being made.
 

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