Topic: Child support - State of Texas

[Mischievous Smurfy]

MS,

Burden has been proven. And the non paying parent can prove a positive (she lied)

I asked about criminal charges. I was told that if she signs the affidavit attesting that she in fact received the money...no harm no foul. She gets a free ride

 i realize that ...  I was just pointing out that the burdon is on the paying parent to prove payment ...  but she should prosecuted for blatantly lying.  She may still be prosecuted for defrauding the state.

[cprems]

MS,

you are correct it was up to me to prove I paid. I will be filing a complaint with the State in regards to this. I just have to make sure that I am covered and this is taken care of before I do it.

They have credited "most" of the payment. There is still some outstanding crediting issues. I have an administrative hearing on the 15th of this month. This is to get the Affidavit signed by her that NO spousal support OR CS is in arrears. I am also getting the CS lowered - I am temporarily laid off and cannot afford the 9xx a month payment while I only have unemployment.

I will update as needed.

I am hoping this helps someone else who is having similar issues.

i realize that ...  I was just pointing out that the burdon is on the paying parent to prove payment ...  but she should prosecuted for blatantly lying.  She may still be prosecuted for defrauding the state.

[Belle&Alex]

A quick update...

Well they adjusted the balance down to 800 at 2AM and I just logged in (6:12) to discover its now back up to 1.7K (was 4.7K)

Time to get on the phone at 9am sharp. This is NUTZ...I gave them ALL the paperwork stating that I have paid and its still incorrect.

they probably added March child support obligation to your balance due already. 

[Belle&Alex]

The OAGs office will not do anything to a custodial parent for lying even submitting false paperwork. 
 Dhs ex did some underhanded things and not even by accident.  You dont  say a 18 year old is still in school when he isnt just to keep getting child support by accident.

The Child support rep told us we "could sue" her in small claims ect, but that they do not and actually can not file nor recommend to file charges or pursue any action against a custodial parent.


YOu might be able to turn her in for public assistance fraud.

[cprems]

Belle,

You are correct. I will be filing welfare fraud on her. They did add the march payment in to the fray. What is really frustrating as it's set up, is that you will always be in arrears. I am not sure when they report? Do you know? And do you know how its reported?

The OAGs office will not do anything to a custodial parent for lying even submitting false paperwork. 
 Dhs ex did some underhanded things and not even by accident.  You dont  say a 18 year old is still in school when he isnt just to keep getting child support by accident.

The Child support rep told us we "could sue" her in small claims ect, but that they do not and actually can not file nor recommend to file charges or pursue any action against a custodial parent.


YOu might be able to turn her in for public assistance fraud.

[Belle&Alex]

Belle,

You are correct. I will be filing welfare fraud on her. They did add the march payment in to the fray. What is really frustrating as it's set up, is that you will always be in arrears. I am not sure when they report? Do you know? And do you know how its reported?

I am not sure when they start reporting but it is very soon after you get the letter telling you they will be.
They will report as soon as possible and and will constantly report 30 days late or more.  they apply any payments to this months c/s first, so next month your arrears is 60 days and so on.

The system is set up to keep you in arrears and constantly beat down. 
Once they start report you as in arrears on your credit report they will stay on your credit report until your child support case is closed.

[cprems]

I have been in constant communication with the ombudsman who is dealing with my case. He has told me that any reporting has been placed on hold pending an outcome of the march 15th hearing. I need to get this resolved before they report. You are correct about the arrears and reporting. They place the CS owed at the beginning of the month and it just compounds any reporting issues. I am hoping that I can at least get this to report correctly and without arrears showing.

I am not holding my breath though. My wife has an EX who has NEVER paid CS. They tell her "we have written letters" but they are unwilling to more forward with this case. My step daughter is 24. The system is broken. If you pay on time and do everything possible to correct the issues, you get punished. Those parents out there who willingly refuse to pay have nothing to worry about. They go after those who have something to lose and try to do the right thing.

I am not sure when they start reporting but it is very soon after you get the letter telling you they will be.
They will report as soon as possible and and will constantly report 30 days late or more.  they apply any payments to this months c/s first, so next month your arrears is 60 days and so on.

The system is set up to keep you in arrears and constantly beat down. 
Once they start report you as in arrears on your credit report they will stay on your credit report until your child support case is closed.

[cprems]

***update***

Speaking of something to lose...

I just got served with papers for child support arrears. I have 20 days from today to respond. I am not sure how to answer the complaint.

I will be going down to the Courthouse tomorrow and pull a few Attorney responses to my type of complaint.

I also have a copy of Texas rules of procedures, Texas rules of evidence and Federal rules (will not be needing this right now)

I have notarized bank records that prove I paid. I am not sure IF I should enter these into evidence as it has all my info on them.

Can I write an Affidavit to include these and make them admissible as evidence. I do not have time to subpoena my bank records and get them included as official business records.

I have been told by the AG office that court is very informal and I can just bring my records for the Judge to look at. I do not believe this for a second - I want to do this right and get the credit. I will be responding to the motion below -

motion to confirm child support arrears

1. The office of the AG pursuant to Texas family code xxx files this pleading for which discovery is to be conducted at level 2  rule 190 TRCP

Jurisdiction

2. this court has jurisdiction of the child

Children

3. Sons name

Persons entitled to notice

4. The child resides with EX wife xxxxxx mother of child. The AG requests the issuance of services of process on this person in accordance with TRCP xxx

5. ME - father of the child  The AG requests the issuance of services of process on this person in accordance with TRCP xxx and attached information sheet

Determination of disclosure of address

6. The Court shall determine the disclosure of address

Prior Child support order

7. On xx/x/xxxx the court ordered me to pay $xxx.xx a month for current child support beginning xx/x/xxxx and monthly thereafter. The amount and frequency remains unchanged

Child support arrearage

8. ME failed to pay Court ordered child support as follows:

a. Prior arrears 10/31/09 - 0.00
b. Support accrued since 10/31/09 - $15xxx.xx
c. Interest accrued since 10/31/09 - $9.06
d. Support paid since 10/31/09 - $14xxx.xx
e. Total arrearage since 3/22/11 - $13xx.xx

Exhibit A which is attached and incorporated by reference, is a true and correct copy of a payment record indicating occasions obligor violated the above referenced order.

Judgment on arrears

9. The Court should confirm and enter judgment for all support arrearages and interest as of the hearing date. The Court should order payment and withholding to liquidate the judgment pursuant to TX family code chapter 157 and 158

Withholding from earnings for support 

10. The Court should order all support withheld from disposable earnings pursuant to TX family code 158.006. The Court should order all payments of support processed pursuant to TX family code 231 for distribution according to law. If appropriate, the Court should order ME to post bond or security

Request for the production of documents

11. According to rule 196 of the TRCP the AG requests to inspect copies or original documents (W-2, IRS etc etc) on or before 3PM no later than the 50th day following the date of this request

12. The Court should also order ME to pay reasonable Court costs and Attorney fees associated with this proceeding.

Prayer

The AG office prays that the Court grant all relief requested herein. The AG office for the AG prays for general relief

Signed - AG Attorney

Attached Exhibit A

So this is the complaint. It looks pretty straight forward but I need to know what to admit or deny.

I have documented proof of $1830 that was not credited properly.

As of this Friday, since my job overpays the State the "arrears" are now down to $400.

I am thinking about just paying this off and going to Court to get the Credit of $1830

What do you guys/girls think?

[montag]

The other lawyer cliche to keep in mind:

When the facts are on your side argue the facts.  When the law is on your side argue the law.  When neither is on your side, just argue.

[cprems]

Well I have 2 out of 3... Was this not a Meatloaf song?

The other lawyer cliche to keep in mind:

When the facts are on your side argue the facts.  When the law is on your side argue the law.  When neither is on your side, just argue.

[Fighting Irish]

The law is broken on both sides. Kids are all grown up now, but it took a LONG time to routinely collect CS from ex--who had an excellent, union income. He took LOA for the sole purpose of going to court to "terminate" his CS obligation for (at that time) four kids under the age of 12.

When he just stopped paying, and I called CS to ask why I hadn't gotten my check, they told me that they'd not gotten it...and that they couldn't investigate till it was X number of days late. I called his employer, only to learn about the LOA.

I have SOME sympathy for the CS workers. They, as was pointed out, are NOT accountants, but social workers. They work long hours, have huge caseloads, and rarely get a kind word from the people they work for; I know I never called them unless something was wrong, and I suspect no one else did, either.

The world of divorce-with-kids seems to be divided into two camps. In one are the parents who try to do right by their kids, no matter that they cannot any longer abide being married to the kids' other parent. Whether they pay or receive CS, all they want is to successfully raise their children to well-balanced adulthood.

In the other camp are the deadbeats, the lying custodial parents--my brother's ex did the same thing, applied for assistance when he WAS paying--and she'd received a large inheritance from her grandfather. Her parents kept it in their name, and she could go on sitting on her fat <censored> without working.

It's all a shame, because the ones who suffer from the parents in that camp are the kids. And the responsible parents, if they are divorced from parents like that, have an extra burden to minimize the negative effects of the rotten ones on their children.

As for cprems' predicament: I suspect that his ex refused to sign the statement, and that, without having the details of the payments at hand in a legally useable form, requires the state and county to issue the summons and complaint in order to get the information. It doesn't matter whether or not they believe him. They need the proof.

[cprems]

The law is broken on both sides. Kids are all grown up now, but it took a LONG time to routinely collect CS from ex--who had an excellent, union income. He took LOA for the sole purpose of going to court to "terminate" his CS obligation for (at that time) four kids under the age of 12.

When he just stopped paying, and I called CS to ask why I hadn't gotten my check, they told me that they'd not gotten it...and that they couldn't investigate till it was X number of days late. I called his employer, only to learn about the LOA.

I have SOME sympathy for the CS workers. They, as was pointed out, are NOT accountants, but social workers. They work long hours, have huge caseloads, and rarely get a kind word from the people they work for; I know I never called them unless something was wrong, and I suspect no one else did, either.

The world of divorce-with-kids seems to be divided into two camps. In one are the parents who try to do right by their kids, no matter that they cannot any longer abide being married to the kids' other parent. Whether they pay or receive CS, all they want is to successfully raise their children to well-balanced adulthood.

In the other camp are the deadbeats, the lying custodial parents--my brother's ex did the same thing, applied for assistance when he WAS paying--and she'd received a large inheritance from her grandfather. Her parents kept it in their name, and she could go on sitting on her fat <censored> without working.

It's all a shame, because the ones who suffer from the parents in that camp are the kids. And the responsible parents, if they are divorced from parents like that, have an extra burden to minimize the negative effects of the rotten ones on their children.

As for cprems' predicament: I suspect that his ex refused to sign the statement, and that, without having the details of the payments at hand in a legally useable form, requires the state and county to issue the summons and complaint in order to get the information. It doesn't matter whether or not they believe him. They need the proof.

I have given them the proof in the form of notarized original bank statements. They said they could not accept them and a judge had to decide. So its off to Cort tomorrow to see how to prepare an opposition motion and get my statements admitted into evidence. If anyone has any advice - I am all ears.

[Mischievous Smurfy]

I would suggest that you pay the court or child enforcement directly in the future.  That is the only thing I can think of ... I don't remember if you said you already were.  If so the I appoligise for missing it.

[cprems]

This was a payment supposedly missed when my divorce was finalized in Nov 09. I pay everything through the support office and it has been recorded with the exception of this one payment. The child support and court ordered wage garnishment  was not setup until late Dec 09.

As always, I do appreciate the help you and others have given me in this thread.

I would suggest that you pay the court or child enforcement directly in the future.  That is the only thing I can think of ... I don't remember if you said you already were.  If so the I appoligise for missing it.

[cprems]

Quick update -

I filed my motion to oppose this afternoon and send out the motion to the AG office CMRRR.

I also received in the mail today an Affidavit for me to fill out stating that the arrears had already been paid

So today I filed my motion to oppose -

Several exhibits & 2 affidavits.

Certificate of service via CMRRR

I also sent the Affidavit back in to the CS office and copied the opposing Attorney on it.

So at least now my objection has been documented in Court.

I'll update when I get more details.