Texas OAG Child Supt Div Will Not Respond and Fix Their Error

This is a discussion on Texas OAG Child Supt Div Will Not Respond and Fix Their Error within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I need to give some background. In 2007 I was divorced and my son came to live with me and ...

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Old Dec 27th, 2011, 04:51 PM   #1
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Angry Texas OAG Child Supt Div Will Not Respond and Fix Their Error

I need to give some background. In 2007 I was divorced and my son came to live with me and there was no child support order. He lived with me for the next 3 years and decided the grass was greener and in 2010 he went live with his mother. During the 3 years she did not pay child support nor did I pursue her for such. I would say 5 or 6 months after my son went to live with her she sued for child support. There was a temporary order put in place in December of 2011. I began paying according to the temporary order. The order was never finalized and was dismissed by the judge in April 2011. The reason for the dismissal was that my ex-wife nor her attorney responded to the courts request for a hearing to make the order final. Their motion for reinstatement was denied by the same judge. Since the dismissal I have been sending money as I can "voluntarily" to my ex-wife along with paying his medical, dental and vision insurance and 50% of all medical receipts. These payments have been showing online at the Texas OAG as "voluntary" payments. A few weeks ago I logged in and they now say I owe an arrears of around $9000 and it is in the enforcement stage and all voluntary payments are now flagged as "payments" on the arrears. I contacted the Plano, TX local office and spoke with an agent about this. She looked at the court system and downloaded the dismissal and pertaining documents. To this day I have not heard back from them. I have not had a response to my emails, voice mails, etc. They have also sent out a withholding order to my employer and a demand that my son be enrolled in a health plan with my employer even though I have a BCBS health plan for him already and have had this for years. How do I force the Texas Attorney General Office Child Support Division to fix this error and if they refuse how would I go about legal action?
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Old Dec 27th, 2011, 05:07 PM   #2
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

I wish to inform you that you may serve a written notice to the office of the Attorney General of Texas. You may highlight all the facts. If they fail to resolve the matter, then you may file a Complaint with the Ombudsman. You may download the Form for the Complaint. You may fill out the Complaint Form and mail it to the Ombudsman. The Ombudsman will consider all the facts and pass an Order. Alternatively, you may file a lawsuit. The burden of proof will be on you to show to the Court the claims made. The Court will consider all the facts and decide the matter. Generally, the child support order even though mutually drawn up between the parties needs to be approved by the Court. The draft child support order may be approved by the same Court which granted your divorce order as it has continuing jurisdiction.

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Old Dec 27th, 2011, 06:06 PM   #3
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

How the payments are coded in TXCSES is irrelevant. What you need to find out is what court order is the OAG enforcing. You can go in for a copy or they will mail or fax it to you. If it is the order that was dismissed, then bring, send or fax a copy of the dismissal.

Yes they have someone at the courthouse everyday who could do this but don't count on it.

If it is the sane order they'll fix it. If not you'll need to see their proof of service (which s/b attached to the order but don't count on it).

When you call the OAG you talk to people in a call center, they've never seen any case file much less yours. They are just interpreting what's on the computer screen.

I worked for years for the OAG, the first six months in the call center. I hated it there bc I knew I couldn't possibly be giving 100% accurate info. The cso in the office has 5,000+ cases.

If you possibly can do your business with them f2f. Much of it can be done while you are there.
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Old Dec 27th, 2011, 09:21 PM   #4
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

I have spoke with a person in the local OAG Child Support office about the matter, not someone in the call center. She even downloaded the orders directly from the court and said she would get it taken care of. However, to this day I can not get that person or person's at that specific office to return my calls much less answer my emails about the status. The OAG is enforcing a temporary order from 12-2010 that was dismissed by the same judge on 4-2011. They didn't enter it in their system till 12-2011 and never checked to see if the temporary order was even made permanent or even dismissed. I can't do anything face to face due to living in another state.
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Old Dec 27th, 2011, 09:37 PM   #5
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

"AFFA" gave some excellent advice about putting things in writing. I would also definitely echo what "
goddessoflubboc" says about trying to schedule an in-person appointment. These call centers are beyond swamped, and showing up in person shows your determination and also makes it seem more credible to the representative have a live person showing up. Hope all works out for you with this mess!
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Old Dec 27th, 2011, 11:24 PM   #6
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

Trust me, you talked to a call center. It doesn't sound like it on the phone but it is. Any published number you call for the OAG goes there. Call center reps answer in excess of 100 calls a day, cso could never answer calls AND do their job.

You need to fax the dismissal, followed by a hard copy, to the OAG. The finance officer in that office will enter it and adjust your balance accordingly.
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Old Dec 28th, 2011, 07:05 AM   #7
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

Since you are not getting adequate response from the AG's office, and they WILL pursue you, garnish wages, attach property, may even try to get you jailed for the back support they have on the books, you need to take appropriate measures to clarify the issue and get this wrongful arrearages sum cleared once and for all.

The only way to do that conclusively is have a judge order them to clear their books. You need to go back to court with the order dismissing and the correspondence you have received from them. You can be run around in circles with the approach you are taking -- but with an order from a judge to the Attorney General, that should settle it.

Last edited by Friend In Court; Dec 28th, 2011 at 07:06 AM. Reason: typo
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Old Dec 28th, 2011, 08:31 AM   #8
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

Again in response to previous posts. I live in another state not in the state of Texas so no face to face is possible.

My problem is that there should be no "back support" at all payments were up to date until the date the case was dismissed by the judge. After it was dismissed there was nothing owed each month to the OAG CSD, however, I sent in voluntary payments. How can they "pursue you, garnish wages, attach property, may even try to get you jailed for the back support they have on the books" when the case was dismissed and the error is from them entering the old temporary order 12 months late and ignoring the Order of Dismissal. Now they say I owe $9000 from the time I stopped paying (after dismissal) till now. It's just amazing that they can screw up like this and it's up to the victim to clean it up and incur the costs of the clean up.
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Old Dec 28th, 2011, 07:03 PM   #9
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Default Re: Texas OAG Child Supt Div Will Not Respond and Fix Their Error

You can stand on principle that you are right and this should magically go away but in fact if you refuse to take action (or just waste time posting this everywhere) you will be in a much worse situation that will be harder to undo. Yes, garnishments, liens, etc.

So go to Kinkos and fax the dismissal, or not. It's your life.
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