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  1. #1
    Join Date
    Aug 2020

    Angry Attorney General's Office Violating Court Order

    My question involves a child custody case from the State of: Texas

    I was divorced in late 2015 and I had been paying my ex-wife child support directly while separated. Our divorce was rushed when the time finally came, the decree stated that I was to have my wages garnished. Neither of is wanted to deal with the AG and when they started bothering us in 2016, we had a lawyer write up temporary orders to have this requirement removed. The orders were as follows and signed by a judge in August of 2016:

    Child Support
    ---IT IS ORDERED that (ME) pay child support directly to
    (EX-WIFE) through balance transfer, check or any other direct form of
    payment. Petitioner’s obligation to provide bank statements are prima facie proof that payment
    has been made should a dispute arise.

    ---IT IS ORDERED that (ME) shall furnish (EX-WIFE), a true and correct copy of the health insurance policy or certification and a schedule
    of benefits, and is relieved from any requirement to furnish the Office of the Attorney General
    Child Support Division with a copy of same.

    ---IT IS ORDERED that the parties are relieved from the obligations set forth on page 26,
    paragraph 1 of the Final Decree of Divorce entitled “Miscellaneous Child Support Provisions”.

    There was also a provision in there about me not having to report where I worked to the AG as well. Anyway, fast forward to February of this year and the AG office contacts me out of the blue. They state I owe like $90,000 in back child support and they were going to start garnishing my wages. I paid my normal payment to my ex-wife in March and then my wages were getting garnishing on that last week. I had sent everything to my attorney (different lawyer from 2016) before hand and I don't know what she was doing or has been doing. I sent the AG's office every bank statement with every payment accounted for in addition to the Judge's order from August 2016 that they didn't bother looking up. They basically told me they didn't care about the order, they gave me credit for the payments in one lump collection and are now demanding over $7000 in interest.

    My question is this: Can the AG's office override a judge's order for me to pay my ex-wife directly without another judge's order? And for the record, my ex-wife still may not be getting any money right now, I know she got nothing for April and May at the very least. I can't afford to pay child support twice in one month, I have a wife and another child to take care of. My ex and I don't speak really, so I have no idea what is going on with her. I do see my daughter all the time, though.

    Oh, one more thing, and I apologize for summarizing so much, I can type a novel pretty easily. Apparently my ex-wife wanted more child support and instead of contacting her attorney, she contacted the AG's office and that started this whole fiasco. She never once, from what I understand, said I was behind on payments (I can prove it as well), but they decided to screw everything up and put my nerves on the edge.

    I can provide more details as necessary, thanks for any comments in advance.

  2. #2
    Join Date
    Oct 2016

    Default Re: Attorney General's Office Violating Court Order

    Your attorney needs to have a conversation with the AG's child support division.

  3. #3
    Join Date
    Aug 2020

    Default Re: Attorney General's Office Violating Court Order

    Quote Quoting PayrolGuy
    View Post
    Your attorney needs to have a conversation with the AG's child support division.
    Sorry, that was a part I left out my summary of everything going on. She has spoken to them once or twice and told me to pay them directly. This was after the garnishment already started. When I explained that I couldn't pay them directly until after the garnishment was removed, she changed her story and said that it's just the way it is. The AG's office will not speak to me since she is listed on my case. She also said the order didn't matter, but I spoke to a retired Attorney friend of the family a few days ago, he said they have to honor the judge's order until they have the same judge or another judge overwrite it. Two different attorney's telling me two different things.

    I think there are multiple departments in the AG's office and working my case and not communicating. My attorney may have spoken to one department and not the other, I have no idea. I do know that I plan to fire her this week and already looking for another attorney. I have had her for 2 years and she started out great, but in the last year has been MIA and just not doing what I need her to do. She also went through 4 paralegals since I retained her and she is in her 70's. The age part has been its own problem entirely.

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