Close Child Support Case

[lulunozz]

What is the name of your state (only U.S. law)? TX
I have been wantiong to close the Child Support Case for my daughter since I got our 1st check.
Why?
Because everytime they take the NCP to court or they deduct money from his checks he wants to take my kid away.
When he does not give us $ he does not even show up or call.
Now that his monthly support got raised from 190$ to 550$ he freaked out and after a year of no contact he appeared out of the blue wanting to take possession of my daughter.
Here's the deal, There is a court order giving us joint custody but he has never followed neither I have encouraged him to.
He is masochistic, arrogant and lives with a locally known drug user.
I hired an attorney and told him that the attorney general is giving me a hard time closing the case. The NCP owes us a little over 3000$.
My attorney will give it all he's got to close the case but why is it so difficult?
I refuse to let my child go with a man she does not know and who is using my daughter in retaliation for his arrears. My attorney who is a Family Law Expert advised me not to let my kid go with him. Told me to make police reports and keep a record of everything.
Now the NCP is making reports against me for not letting him take my daughter. As a mother I feel that he is not doing it for the love of my daughter but for the love of money. Regardless of what the court order says, my daughter would be in immediate danger if left alone with this man and his companion.
I am scared, do you guys think that the NCP will take me to court and sue me? Or could he just be bluffing and pissed off because of his amount owed?
My attorney says not to worry but I can not help it. I Love my daughter.

 

[Isis1]

What is the name of your state (only U.S. law)? TX
I have been wantiong to close the Child Support Case for my daughter since I got our 1st check.
Why?
Because everytime they take the NCP to court or they deduct money from his checks he wants to take my kid away.
When he does not give us $ he does not even show up or call.
Now that his monthly support got raised from 190$ to 550$ he freaked out and after a year of no contact he appeared out of the blue wanting to take possession of my daughter.
Here's the deal, There is a court order giving us joint custody but he has never followed neither I have encouraged him to.
He is masochistic, arrogant and lives with a locally known drug user.
I hired an attorney and told him that the attorney general is giving me a hard time closing the case. The NCP owes us a little over 3000$.
My attorney will give it all he's got to close the case but why is it so difficult?
I refuse to let my child go with a man she does not know and who is using my daughter in retaliation for his arrears. My attorney who is a Family Law Expert advised me not to let my kid go with him. Told me to make police reports and keep a record of everything.
Now the NCP is making reports against me for not letting him take my daughter. As a mother I feel that he is not doing it for the love of my daughter but for the love of money. Regardless of what the court order says, my daughter would be in immediate danger if left alone with this man and his companion.
I am scared, do you guys think that the NCP will take me to court and sue me? Or could he just be bluffing and pissed off because of his amount owed?
My attorney says not to worry but I can not help it. I Love my daughter.

first question. is there a court order for visitation for daughter?

 

[LdiJ]

first question. is there a court order for visitation for daughter?

She has an attorney. She should be listening to the advice of her attorney rather than the advice of an internet forum.

 

[Proserpina]

OP's post history is informative.

 

[garrula lingua]

OP, is there state money involved ?
If the state paid for TANF (welfare), then the case can't be closed until the state money is repaid.
Also, if the state is paying for the child's insurance through Medicaid, they will not close the case, as the medical support portion of the order reimburses the state.

If there was/is no public assistance, then you just have to go to the Attorney General's Office and sign the appropriate form to close the case.

The order of the court will remain in effect, but the OAG will no longer enforce the order for support.

Ask the OAG whether they will withdraw the wage assignment/garnishment of ex's wages; I think they leave that in effect, as it was part of the prior court's order.

 

[lulunozz]

Yes

Yes I have an attorney. There is a court order giving him visitation rights. But like I say to my attorney, the NCP pnly tries to enforce those rights when his child supportgoes up or wen he is forced to pay. Now, how unfair is that. Clear as water it seems that he is using my daughter as means to retaliate against his support duties.
He didnt even show up for her Bday or thanksgiving.
I am tired of requesting the child support case to close. I know if I close the case he will stop harrassing us.
My attorney asures that everything is fine and to not let my daughter go with him but I cant help feeling miserable.

 

[garrula lingua]

OP,
Were you on public assistance at any time (TANF or Medicaid) ?
See above post.

 

[lulunozz]

Yes

My child is on Medicaid, but the OAG told me that I can switch her to a private insurance, lets say 2-3 months while they close the case. I said sure, I'll switch her to a private insurance but now they telling me that I have to go to courtand request the judge to sloce the case. I sent some official closure forms to the OAG but for some reason, when I ask them about the forms they change the subject or become insanely rude and tell me the only thing to do is wait. WAIT? I have been requesting a case closure for years!
I feel lost. Coming Monday I will call them insesantly requesting case closure.

 

[garrula lingua]

As long as the child is on Medicaid, the OAG should NOT close the case (they may not open a new case for that sole use of state $, but I believe it prevents closure).

No, you can't just switch the ins for a few months to circumvent the system. As soon as the child goes back on Medicaid, the same order pops up.

The cleanest method is to ask the Judge to zero out the support.
As the OAG is a party to the case in Tx, you have to serve them & they have to agree (it doesn't sound as though they will).
Also, many Judges will not find it to be in the best interest of the child to zero out child support due from a parent. They will, instead, try to resolve the visitation issues (which are separate from the support issues).

Your attorney is the one you need to 'call insesantly', not the OAG. Your attorney needs to straighten out visitation issues first, and possibly, support issues second.

If the OAG did your initial order, then there are probably 'Standard Possession Orders" in effect. You need to document why those orders are not beneficial to your child & ask the court to issue different visitation orders.

Good luck.