No Start Date for Child Support?

[txmom512]

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

Divorce was final in 1997. Ex left in '96 when dd was 5 weeks old. Since then he's been in and out of prison. DD has seen him twice - once when she was 7, and he came to her 8th birthday party. She's now nearly 14.

I heard from ex's family that ex is out again, living w/ his dad, and is working and has been for the last year and a half now.

I never bothered with child support because between him being in and out of prison, and me making a decent living for the two of us, it just didn't seem worth the trouble. In the last year, though, I've gotten laid off from my high-paying job, the bottom has pretty much fallen out of my field, and dd, who is very athletic, has had some sports injuries that have caused me to have some serious medical bills. And honestly, it's time, way past time, for ex to help support his child.

So, I went ahead and talked to the AG's office about child support enforcement. AG's office said they can't enforce child support because the divorce decree has no start date for child support. They said they've never seen anything like that. What does this mean exactly? What's the best way to get this taken care of?

 

[Isis1]

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

Divorce was final in 1997. Ex left in '96 when dd was 5 weeks old. Since then he's been in and out of prison. DD has seen him twice - once when she was 7, and he came to her 8th birthday party. She's now nearly 14.

I heard from ex's family that ex is out again, living w/ his dad, and is working and has been for the last year and a half now.

I never bothered with child support because between him being in and out of prison, and me making a decent living for the two of us, it just didn't seem worth the trouble. In the last year, though, I've gotten laid off from my high-paying job, the bottom has pretty much fallen out of my field, and dd, who is very athletic, has had some sports injuries that have caused me to have some serious medical bills. And honestly, it's time, way past time, for ex to help support his child.

So, I went ahead and talked to the AG's office about child support enforcement. AG's office said they can't enforce child support because the divorce decree has no start date for child support. They said they've never seen anything like that. What does this mean exactly? What's the best way to get this taken care of?

technically, there is no order to enforce. you'd have to start from scratch to get an order started.

 

[garrula lingua]

Usually, the terms of the divorce decree were read into the record and an inartfullly written divorce can be corrected by a 'nunc pro tunc divorce decree'. Yours, however, is so old, there probably isn't a transcript, and it's also too late for a nunc pro tunc ...

Usually, in most District Courts in Texas, when the beginning date of child support is not stated, it is presumed to be the date on which the Judge signed the order.
The AG's office should be using the Judge's signature date as the start date.

You need to call the AG's office and say you wish to complain & you want to speak with an ombudsman.
I think you've been stuck with a clerk who is tellling you they cannot put your order on their system. Malarky! They can enforce it.
If you don't receive any positive response from the ombudsman, after a few weeks, call/write your local representative. They will intercede on your behalf at a higher level.

As an alternative, hire an attorney to file a 'Motion to Modify and Confirm Arrears' or a 'Motion to Enforce and Modify Support Obligation', or alternatively, hire an attorney to deal with the AG's office in getting the order on the system.

Again, the Attorney General's Office CAN put that order on the system, using the date the Judge signed the order as the effective date. This is often done in civil cases.

 

[txmom512]

I think you've been stuck with a clerk who is tellling you they cannot put your order on their system. .

That's EXACTLY what's happening. Thank you so much! I'll call them tomorrow.

 

[txmom512]

As an alternative, hire an attorney to file a 'Motion to Modify and Confirm Arrears' or a 'Motion to Enforce and Modify Support Obligation', or alternatively, hire an attorney to deal with the AG's office in getting the order on the system.

Still having problems with this. Despite the ombudsman office stating it was correct that the start date is the date the judge signed the order, the actual office still shows that it is not enforceable because there is no start date.

Just a note on the quoted... If I could afford to hire an attorney, I sure wouldn't be going to all this trouble for the ex's piddly $179 a month...

 

[garrula lingua]

You have to push the Ombudsman to solve the problem, not just agree as to what the solution should be.
Email the OAG and complain.
Is that OAG office in your area (no chance of using another office) ? They sound incompetent (they are impacted - overwhelmed - but they still MUST serve you).
Start complaining at a higher level.
& just to recap:
You went down to OAG and you filled out an application.
You gave them a copy of your Divorce Decree and requested enforcement.
You have an open file with them ?! (they have federal guidelines in getting your order on the system. I suspect they never entered you into the system).

Under the IV-D program, they cannot refuse to 'serve' you. If there was anything incorrect on the Divorce Decree they should have filed a Motion To Clarify or, alternately, filed a Motion to Modify Support Obligation and to Confirm Arrears.
You have to start complaining in a more effective way.
Contact the Ombudsman and tell that person that you have been very patient and your tolerance is now ended. You want the name of the Senior Regional Attorney and the Senior Unit Manager, because this regional office is refusing to service you, and you intend to let their management, and your representatives know.
Alternatively (or at the same time), contact your local state representative and ask them to intercede on your behalf. Tell them you have been refused service, although the OAG Ombudsman has agreed that they should be collecting child support on your behalf.
There is also an email capability on the OAG website. Go there and state your complaint in definite terms: e.g." I have, repeatedly, contacted the OAG and asked for help in collecting my child support, but they have refused to help me. I am a single mother, who needs the child support which the court ordered. The OAG office has refused to help me. Although they said they would enforce my child support order, they never put my Divorce Decree into their system. I need help. I barely support myself and my child; I need the $179. monthly child support which was ordered, but the OAG has refused to open a case and collect my child support.
This is survival money for me. I need help."

You are not whining effectively & not to the right people.

 

[txmom512]

Just an update...

I called the ombudsman office again, several times, and was finally able to talk to someone 'in charge' - he apologized profusely and said they'd fix it right away. 3 days later, the website shows the $36,616 in arrears.

BUT - all they could say was "his SSN hasn't been active since 2009, and they can't find him"

I used every search engine I could find for weeks on my lunch hour (I started doing that back in May). Finally, a couple weeks ago, I got a hit! I got an address for him. I called child support and gave them the address I found.

Okay - I have to give it to dad. He may have been blowing it off, but apparently, as soon as he got paperwork from the AG's office, he must have immediately sent a check, because....

I looked today, and I got a payment!! For the first time in 14.5 years I've been raising dd, I'm actually going to get a child support payment. It's small - under $200, but that's okay - it's sorely needed. I also got a letter from the AG's office stating that since it's been over 3 years, it's up for review if I'd like.

Thanks again for all your help garrula!!!

 

[TinkerBelleLuvr]

Congratulations on proving that the squeaky wheel does work!

 

[garrula lingua]

txmom:
Congratulations! You did a great job !!

Call the OAG, asap, and tell them you, definitely,want a review (modification).
The review/modification will clean up the original order - the language will be such that it will allow the OAG to file contempt charges against Dad for any period AFTER the modificiation where he fails to pay support.

A minimum wage order (if Dad has no other children, and your child is on Medicaid) is 200. child support and 113. medical support per month (if they use a 4.5% reimbursement to Medicaid, it's 211. child support and 57. medical support. If you are providing private health insurance, the cost of covering your daughter, only, can be reimbursed by Dad - up to 9% of his gross income. The child support will be 20% of his net income (after Federal taxes and cost of health ins for child)).

Contempt/Motion for Enforcement, is the best way to collect from someone with Dad's history. He'll be personally served; if he doesn't show up in court, a capias (arrest warrant, with a cash bond - you get the cash bond if he pays to be released from jail) will be issued. He can be sentenced to 180 days county jail for nonpmt. The commitment may be deferred for six months, during which he will pay c/s & arrears as ordered, then the court can order him to jail or put him on a form of probation. If he's sent to jail, the court sets a 'coercive' - a 'purge' payment which is sent to you via the State Disbursement Unit.

Do a modification, then start calling, calling, calling for Enforcement/contempt, if he doesn't pay.

Good luck & congratulations on your good work in locating him & finally getting a payment!

 

[txmom512]

Thanks again!

DDs not on medicaid. I make too much, barely, for any help at all - even SKIP (the state employee version of CHIP). I pay $125/mo for her BCBS policy. That was the cheapest I could find. In the divorce decree it states that he's actually supposed to pay for her insurance as well, but of course, doesn't.

I have a feeling getting the child support stuff in the mail scared him & that's why he paid right away - I think he Really doesn't want to go back to jail (he's been there). Hopefully that will be enough to have him keep paying...

Thanks again for all your help! I really appreciate it!

 

[GinAA]

Congrats!

But don't stop keeping track of where he is. I did the same thing about my EX and they found him. I received 4 payments, then nothing. He took off again and I had to find him, once again. His mother is not happy with him so she will let me know where he ends up and when he gets a job. He still owes arrears and I get a few payments a year so I guess that's good since our son is now 21!

 

[txmom512]

UPDATE::

Went to child support review conference. Saw ex for the first time in 7 years.

I have to say it... He's still a really decent, nice guy. I hope I'm not getting snowed - he seemed So sincere...

I might have been too generous. He was willing, even eager, to pay what he needs to. He really wants to help support his child. He was willing to pay whatever they said. But with back cs, and interest, along with the adjusted payment, it was going to be an entire paycheck of his - nearly $700. I just couldn't do it. It wasn't right. I asked them to 1)take $10K off arrearages (because there was so much interest - this kind of evened things out), 2)to keep the payment the same ($179) and 3)add $200 for arrearages. $379 is not too bad - it's really going to help - enough that I won't have to struggle so much, and it's not so much that he's going to be completely broke.

He also offered to pay for some of her horse stuff - he said to find out how much it will be & to call him and he'll send me a check. He really admires her commitment to her riding and wants to help and be supportive.

As far as seeing dd, he left it all up to me and to her - he wants to do it on her terms, at her pace - whatever is most comfortable to her. He gave me his phone number but didn't take mine. I'm going to call him to hopefully set something up this weekend. I would really like for dd to eventually have a good relationship with her dad - for her to have a dad she can count on, and that she enjoys spending time with.

 

[mistoffolees]

UPDATE::

Went to child support review conference. Saw ex for the first time in 7 years.

I have to say it... He's still a really decent, nice guy. I hope I'm not getting snowed - he seemed So sincere...

I might have been too generous. He was willing, even eager, to pay what he needs to. He really wants to help support his child. He was willing to pay whatever they said. But with back cs, and interest, along with the adjusted payment, it was going to be an entire paycheck of his - nearly $700. I just couldn't do it. It wasn't right. I asked them to 1)take $10K off arrearages (because there was so much interest - this kind of evened things out), 2)to keep the payment the same ($179) and 3)add $200 for arrearages. $379 is not too bad - it's really going to help - enough that I won't have to struggle so much, and it's not so much that he's going to be completely broke.

He also offered to pay for some of her horse stuff - he said to find out how much it will be & to call him and he'll send me a check. He really admires her commitment to her riding and wants to help and be supportive.

As far as seeing dd, he left it all up to me and to her - he wants to do it on her terms, at her pace - whatever is most comfortable to her. He gave me his phone number but didn't take mine. I'm going to call him to hopefully set something up this weekend. I would really like for dd to eventually have a good relationship with her dad - for her to have a dad she can count on, and that she enjoys spending time with.

That's all nice - I hope he continues on that path.

Although in thinking about it, I probably would have said "I'm willing to take $10 K less in arrearages. When you get the number down to $10 K, I'll ask the court to forgive the rest" just in case he doesn't follow through with all the nice-nice. But then, I'm not very nice.

 

[LdiJ]

UPDATE::

Went to child support review conference. Saw ex for the first time in 7 years.

I have to say it... He's still a really decent, nice guy. I hope I'm not getting snowed - he seemed So sincere...

I might have been too generous. He was willing, even eager, to pay what he needs to. He really wants to help support his child. He was willing to pay whatever they said. But with back cs, and interest, along with the adjusted payment, it was going to be an entire paycheck of his - nearly $700. I just couldn't do it. It wasn't right. I asked them to 1)take $10K off arrearages (because there was so much interest - this kind of evened things out), 2)to keep the payment the same ($179) and 3)add $200 for arrearages. $379 is not too bad - it's really going to help - enough that I won't have to struggle so much, and it's not so much that he's going to be completely broke.

He also offered to pay for some of her horse stuff - he said to find out how much it will be & to call him and he'll send me a check. He really admires her commitment to her riding and wants to help and be supportive.

As far as seeing dd, he left it all up to me and to her - he wants to do it on her terms, at her pace - whatever is most comfortable to her. He gave me his phone number but didn't take mine. I'm going to call him to hopefully set something up this weekend. I would really like for dd to eventually have a good relationship with her dad - for her to have a dad she can count on, and that she enjoys spending time with.

You are a very good and generous person. I hope that it all works out.