TEXAS - OAG Modification Meeting versus Mediated Settlement

[texasdad76132]

What is the name of your state? Texas

I received a letter from the OAG that states the OAG completed a review of my child support order. Based on "Texas child support guidelines, the following findings were made: Your child support order is not appropriate and should be increased." I then received a second letter with a date for a "Support Review Negotiation Conference."

I am not behind on my child support, but do pay less than the standard. This was agreed upon by my ex-wife and myself in a mediated settlement several years ago. Those terms included this language "Neither party will file a future modification unless the dispute has been submitted to mediation unless for enforcement or involves an emergency regarding the safety and welfare of the children."

So now what happens now? How did this happen with the mediation in place? What if she requested this review without submitting to another mediation? What are my legal options against her?

 

[LdiJ]

What is the name of your state? Texas

I received a letter from the OAG that states the OAG completed a review of my child support order. Based on "Texas child support guidelines, the following findings were made: Your child support order is not appropriate and should be increased." I then received a second letter with a date for a "Support Review Negotiation Conference."

I am not behind on my child support, but do pay less than the standard. This was agreed upon by my ex-wife and myself in a mediated settlement several years ago. Those terms included this language "Neither party will file a future modification unless the dispute has been submitted to mediation unless for enforcement or involves an emergency regarding the safety and welfare of the children."

So now what happens now? How did this happen with the mediation in place? What if she requested this review without submitting to another mediation? What are my legal options against her?

If she is receiving any kind of state benefits for the children (food stamps, Medicaid, Tanif, Section 8 housing) that could trigger a child support review and could cause the state to increase your child support to guideline levels. The OAG also has the right to review child support orders after a specific amount of time has passed.

 

[texasdad76132]

But how do I get a letter that states "The OAG has completed a review of your child support order. Based on Texas child support guidelines, the following findings were made: Your child support order is NOT appropriate and should be increased."? This was before I've even been to the Support Review Negotiation Conference...

 

[stealth2]

But how do I get a letter that states "The OAG has completed a review of your child support order. Based on Texas child support guidelines, the following findings were made: Your child support order is NOT appropriate and should be increased."? This was before I've even been to the Support Review Negotiation Conference...

Did you call the OAG?

 

[not2cleverRed]

What is the name of your state? Texas

I received a letter from the OAG that states the OAG completed a review of my child support order. Based on "Texas child support guidelines, the following findings were made: Your child support order is not appropriate and should be increased." I then received a second letter with a date for a "Support Review Negotiation Conference."

I am not behind on my child support, but do pay less than the standard. This was agreed upon by my ex-wife and myself in a mediated settlement several years ago. Those terms included this language "Neither party will file a future modification unless the dispute has been submitted to mediation unless for enforcement or involves an emergency regarding the safety and welfare of the children."

So now what happens now? How did this happen with the mediation in place? What if she requested this review without submitting to another mediation? What are my legal options against her?

Your divorce was "several years ago", so therefore more than 3 years ago.
By your own admission, child support at that time deviated from the state guidelines.

Based on this, your child support order is eligible for modification.

I'm not sure what your idea of "mediation" is, but the general use of the term is equivalent to "negotiation".

In a "Support Review Negotiation Conference" the 2 parties try to come to agreement on child support, rather than going to court.

 

[texasdad76132]

Your divorce was "several years ago", so therefore more than 3 years ago.
By your own admission, child support at that time deviated from the state guidelines.

Based on this, your child support order is eligible for modification.

I'm not sure what your idea of "mediation" is, but the general use of the term is equivalent to "negotiation".

In a "Support Review Negotiation Conference" the 2 parties try to come to agreement on child support, rather than going to court.

Thank you for your comment. My definition of "mediation" is that my ex and I have a legally mediated agreement that both parties agreed that the amount deviated from the state standard. Modification has to return to mediation per the agreement.

 

[LdiJ]

Thank you for your comment. My definition of "mediation" is that my ex and I have a legally mediated agreement that both parties agreed that the amount deviated from the state standard. Modification has to return to mediation per the agreement.

I understand that and it would apply if this were between you and your ex only. However, if the state has stepped in for one reason or another, there are now three parties involved, you, your ex, and the state. Therefore it would no longer be between you and your ex. You and your ex could agree to NO child support at all even, and the state could override the two of you.

 

[not2cleverRed]

Thank you for your comment. My definition of "mediation" is that my ex and I have a legally mediated agreement that both parties agreed that the amount deviated from the state standard. Modification has to return to mediation per the agreement.

That is a very odd definition of "mediation".

You seem to not understand that although you had a "mediated agreement" that was legally recognized, that the laws of Texas still apply. Child support can be changed. Legally. It's been several years.

If your income has increased at all, you are only further away from paying guideline support than you were when you divorced.

None of us know if your ex requested a modification, or if the situation is out of your ex's hands due to state assistance. You know your ex better than we do.

One thing I know for certain: you'd best show up at the Negotiation Conference. Show up with whatever papers you believe support your viewpoint. If the reasons for the agreement for lower than guideline child support still exist, bring evidence of that.

Feel free to consult a member of the Texas bar and see if it possible for the ex to be found in contempt for preferring to negotiate through the state rather than being manipulated by your mediator of choice.

 

[stealth2]

I'd still call the OAG to find out how the review was initiated.

 

[texasdad76132]

That is a very odd definition of "mediation".

You seem to not understand that although you had a "mediated agreement" that was legally recognized, that the laws of Texas still apply. Child support can be changed. Legally. It's been several years.

If your income has increased at all, you are only further away from paying guideline support than you were when you divorced.

None of us know if your ex requested a modification, or if the situation is out of your ex's hands due to state assistance. You know your ex better than we do.

One thing I know for certain: you'd best show up at the Negotiation Conference. Show up with whatever papers you believe support your viewpoint. If the reasons for the agreement for lower than guideline child support still exist, bring evidence of that.

Feel free to consult a member of the Texas bar and see if it possible for the ex to be found in contempt for preferring to negotiate through the state rather than being manipulated by your mediator of choice.

Thank you for your reply. Why would you say "rather than being manipulated by your mediator of choice"? We both agreed who that person was when we agreed to previous modification. The terms WE BOTH agreed to in those documents included language that we both agreed there be no further request for modification without first returning to mediation. So, if she breached that contract, what legal remediation do I have?

 

[LdiJ]

Thank you for your reply. Why would you say "rather than being manipulated by your mediator of choice"? We both agreed who that person was when we agreed to previous modification. The terms WE BOTH agreed to in those documents included language that we both agreed there be no further request for modification without first returning to mediation. So, if she breached that contract, what legal remediation do I have?

I suspect that that particular part of your agreement is not enforceable. You could consult a local attorney to be certain. However, once again, once the OAG's office is involved its no longer between you and your ex. It's between you, your ex and the state, and the state trumps both of you.

 

[texasdad76132]

I suspect that that particular part of your agreement is not enforceable. You could consult a local attorney to be certain. However, once again, once the OAG's office is involved its no longer between you and your ex. It's between you, your ex and the state, and the state trumps both of you.

Understand what you are saying here. So, someone breaks a contract like we had, there's no consequwn

That is a very odd definition of "mediation".

You seem to not understand that although you had a "mediated agreement" that was legally recognized, that the laws of Texas still apply. Child support can be changed. Legally. It's been several years.

If your income has increased at all, you are only further away from paying guideline support than you were when you divorced.

None of us know if your ex requested a modification, or if the situation is out of your ex's hands due to state assistance. You know your ex better than we do.

One thing I know for certain: you'd best show up at the Negotiation Conference. Show up with whatever papers you believe support your viewpoint. If the reasons for the agreement for lower than guideline child support still exist, bring evidence of that.

Feel free to consult a member of the Texas bar and see if it possible for the ex to be found in contempt for preferring to negotiate through the state rather than being manipulated by your mediator of choice.

I appreciate your reply, but am confused when you said "manipulated by your mediator of choice" That document we both signed a few years ago, she and I both agreed to that mediator. He was one suggested and approved by both of our attorneys.

 

[AlmostThere]

Keep in mind that the state is not a party to your contract. If the state feels that the amount needs to increase. Child support agreements are always mutable.

 

[stealth2]

Keep in mind that the state is not a party to your contract. If the state feels that the amount needs to increase. Child support agreements are always mutable.

Hence - CALL OAG!

 

[LdiJ]

Understand what you are saying here. So, someone breaks a contract like we had, there's no consequwn

What we are trying to tell you is that your ability to enter into a contract on such a matter is limited. If both of you are decently employed and are making good money then your ability to enter into a contract that is against state child support guidelines is pretty good as long as the two of you remain employed and remain making good money.

However, once the state gets involved then state rules apply. Which means that the state has to also agree to whatever the two of you have agreed to that violates state guidelines.

This is why you have to understand that your previous agreement may not be enforceable.