My question involves child support in the State of: Texas
My husband and his ex are going to court next week to modify an existing custody agreement to make my husband the home parent and stop withholding child support from him. This is an agreed modification. He is not asking for child support from the mother. We have had the children living with us for over a year and throughout that time the AG has been taking CS from my husband's paycheck and giving it to the mother who then returns it to my husband. The AG recently seized our income tax refund for back CS. We had the children during the period he became behind due to a period of unemployment. They have not forwarded that money to the mother.
My question is: Is there any way to formally request the AG to release any funds being held in this case at the hearing to modify the custody agreement? We have filled out the Order to Terminate Withholding, but are afraid that the tax money will be lost in limbo once that order is filed. If this can be done, is there a form I can use to help draft the paperwork? I am not an attorney and we are doing this all without representation. I am adding a link with the kit we are using to do all of this.