Comments for Texas Family Law Blog http://texasfamilylawblog.wordpress.com An Exploration of Family Law In Texas Thu, 11 Jun 2009 16:16:00 +0000 hourly 1 http://wordpress.com/ Comment on About by realpersonrealoutlook http://texasfamilylawblog.wordpress.com/about/#comment-1635 Thu, 11 Jun 2009 16:16:00 +0000 #comment-1635 DO not vote for Judge Garcia in Dallas, TX. Right to freedom of speech correct? Depression took over after a year or so. Love for your children does not go away. Daily unhappiness does not go away. These people need to re-set our family court system. Parental Alienation is real and extremely damaging. Even the family court counselor recommended that the nonsense stop and I be allowed visitation. When the money is gone and attorneys begin to dissappear, the courts then look at you like what now?

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by Kat http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1626 Thu, 23 Apr 2009 23:18:13 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1626 Tamera, thanks for your comments. I agree with all of them. By the way, our side showed up at court with all required documentation: proof of payment, when those payments were made, all the way back to the day the divorce was final, tax returns, everything. It was hell getting that payment documentation but we got it, after our lawyer leaned on the payroll service.

As a matter of fact, the lawyer WILL be asking for a decrease in support. The AG’s assistant told my husband, “Looks like you made a lot of money last year.” My husband retorted that he was not only paying for the child support in question, he was also paying child support for three other children AND supporting our family. I was out of work for almost all of 2008, and we depended upon my spouse’s salary. Since 70% was going to child support (also against state law), you can imagine what a hardship it has been.

Anyway, you’re right about the judges. They just want to move on to the next case (I don’t blame them for that, there are so many) but if someone’s in contempt, they’re in contempt. I fear that the ex-wife will continue to play stupid and evade the demand for documentation as long as she can. Her bank statements will undeniably show that she’s been paid. Thanks for your suggestion that we ask our lawyer to make sure and mention this contempt charge to the judge if the ex still has no documents at the next hearing.

Finally, I have to share something else. The AG asked my husband why he changed positions at his job, and had the gall to say, “Well, can’t you go back to that position?” Where does the government get off telling someone what kind of job to have???? Has the world gone mad??? The ex-wife is so nuts that she thinks child support can be modified according to a just-in-case scenario. WRONG. Like you said, Tamera, if there has been a change in circumstance, child support can be modified according to that circumstance, not what might happen in the future.

I’m surrounded by idiots.

Kat

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by Tamera http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1625 Thu, 23 Apr 2009 15:19:29 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1625 Kat,
Per AG requirements, not only does the NCP have to provide financial documents but so too does the CP. I have a case with them, and I know I have provided all kinds of documentation as the CP. The biggest problem that really exists are the judges. They know the laws, know what is expected, and yet they are the first ones to let both sides off the hook. I am a firm believer in “you get what you give.” So when the judges show these people (whether CP or NCP) that the system will not stand behind itself, they will continually thwart it. Your attorney needs to ensure in his court demands that she provide the documentation at court. And if she shows up again without them, he needs to stand up and request that she be held in contempt. And per statutes, a modification can only be requested when there is a significant change of circumstance. From what you are saying, it would seem you could request a modification to DECREASE the support as he has taken a cut in pay. Hope this helps!

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by kat http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1624 Wed, 22 Apr 2009 19:01:02 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1624 I forgot to mention, although you have probably figured this out, that the ex showed up in court but with no financial records, no bank statements, nothing. It seems like she’s trying to intimate that he hasn’t paid her and therefore she wants more money. Of course she doesn’t want anyone to look at her bank statements–it would prove that she’s getting paid!!!! She’s playing stupid and, according to my husband, the AG’s rep was not pleased. We’ll see.

Ka

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by kat http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1623 Wed, 22 Apr 2009 18:56:26 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1623 Well, I said I’d keep you posted about my husband’s court date today. You’ll love this. The second ex-wife has been getting her child support payments sent directly to her bank account via direct deposit!!!! We are trying to find out how this happened, as the payments deducted from an NCP’s paycheck are supposed to be routed through the State Disbursment Unit. I have been asking this question for months and no one seems to be able to come up with an answer as to WHO authorized these payments to be sent directly to the ex-wife.
Anyway, the ex was supposed to bring her bank statements to show that she received the money, because she’s (get this) trying to get my husband to pay MORE money–she’s asking for a modification upward to $600 per month!!!!!! This woman is not stupid. She has a business degree. She knows about money. She even asked the AG’s rep, “Well, he may not be making much money right now but he might in the future, right?” Is she absolutely crazy? People are getting laid off right and left, my husband took a huge pay cut last year, he’s paying out the you-know-what in child support, and she has the gall to ask that question?????

The AG and the judge have again reset the case to June. This is ridiculous. Suppose the ex turns up again and still doesn’t have her records?

She has no lawyer either.

Is there anyone out there that can comment on what the possible outcome of this case might be????

Totally disgusted,

Kat

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by Broken Heart http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1622 Wed, 22 Apr 2009 14:15:52 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1622 the mother of my grandaughter has married a man and his mother dies like a week ago, the mother and the step dad had the funeral home change my granddaughters name and posted it in the news papers obit her name as the step dads last name. That made my son so sad, but the attorney said first off because my Son isn’t sure if he is the father, because this girl had sex with alot of guys while they lived together and were togather. My Son is Firefighter so alot of time he worked, anyway it’s very involved her being with some of his friends and such. But the point is the AG only allowed him 6 hours to visit his daughter every two weeks because of her age the paper says. And the mother wont let him have his time with her, also her just putting in public changing my granddaughters last name like that. I feel badly for my Son, he goes out saves peoples lives and walks around so sad and stuff for his baby girl. It breaks my heart.. he pays the child support and medical for her and yet he has no access. The mothers myspace is the only place he can see pictures of her and the girl has splattered all over it , how the baby is this guys daughter and how they look so much alike.. things like that him holding her , kissing her and stuff. They have a new baby also, I have never been into my Sons bussiness as he is 23 but I’m angry she changed her name in that obituary. Seeing my Son sad , knowing that this weighs heavy on his heart and he tries to help so many in this world. Why God would have him to suffer makes me cry for him. Thanks for your response to my post. Have a good day be safe! Broken Hearted Mother :(

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by Kat http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1621 Wed, 22 Apr 2009 12:32:22 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1621 Dear Lisa,

Your son must get some legal representation. There is free legal help in Texas but it takes a long time. Look it up on the Internet. If the mother is keeping him from seeing your granddaughter, she’s in contempt of court and your son can haul her into court. He needs to contact a lawyer and the AG’s office.

If the daughter feels she has good reason to keep the child from your son (child abuse, spousal abuse, etc.), she will have to show documentation or some kind of proof to the judge.

It doesn’t matter that your son and the mother never were married. They had a child together and the child has a right to be supported by both of them.

Hope this helps.

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by Kat http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1620 Wed, 22 Apr 2009 12:25:31 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1620 Dear Patrick,

I’m not sure your son can prevent the mother from seeing the child. It depends upon the divorce decree. There may be some legal issues here since the mother is not a dependable person. Your son can try not allowing her to see the child but if the divorce decree gives her visitation rights, your son will be in contempt of court no matter what kind of person the mother is. Your son will probably have to contact a lawyer and get a consultation. I hesitate to mention this, but if the mother is a person of less than moral character, or if drugs have completely screwed her up and she has bad judgement, there is the possibility that in frustration she may try to abscond with the child; it happens all the time. So tell your son to beware and make sure the visits are supervised. He might be able to go to court to get that done. Or as a last, drastic resort, he can go to court to get her parental rights terminated. Of course this will cost quite a bit of money, but if he fears for the child’s mental and/or physical safety, he may have to do it.

]]> Comment on Texas Child Support Cases- Dealing With the Attorney General’s Office- Sanctions by Kat http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1619 Wed, 22 Apr 2009 12:14:32 +0000 http://texasfamilylawblog.wordpress.com/2006/12/29/texas-child-support-cases-dealing-with-the-attorney-generals-office-sanctions/#comment-1619 Update on our situation with the AG’s office:

In my last post I mentioned that my husband had been getting 70% of his pay deducted because of the AG office claiming he hadn’t paid any child support since 2004. I also used the word “garnish” incorrectly. My husband’s payments were not garnished. They were taken out of his paycheck as a payroll deduction ordered by the divorce decree and executed by the payroll department at his work.

Anyway, there’s a court hearing today. There was a court hearing two months ago too, but the AG’s officials were so confused by the mess they found with the payments that the hearing was reset. We were able to prove that payments have been made all along, so I’m anxious to see who was at fault for this mess. I’ve already advised our lawyer that we want to sue SOMEONE, be ith the payroll service, the AG’s office, or the mothers who sat by and took this extra money and didn’t say a word. They HAD to know it was wrong, and we want to recover at least some of it. Our lawyer told us that was unlikely, but if we file a lawsuit I hope we can at least get some kind of court settlement. Someone screwed up here, and we have proved that it wasn’t us! I’ll let you know what happens.
Kat

]]> Comment on Representing the Substance Abuse Client In A Texas Family Law Case by kevin.eb http://texasfamilylawblog.wordpress.com/2007/11/01/representing-the-substance-abuse-client-in-a-texas-family-law-case/#comment-1615 Wed, 01 Apr 2009 21:30:46 +0000 http://texasfamilylawblog.wordpress.com/2007/11/01/representing-the-substance-abuse-client-in-a-texas-family-law-case/#comment-1615 Sec. 261.004. STATISTICS OF ABUSE AND NEGLECT OF CHILDREN. (a) The department shall prepare and disseminate statistics by county relating to the department’s activities under this subtitle and include the information specified in Subsection (b) in an annual report available to the public.(b) The department shall report the following information:(1) the number of initial phone calls received by the department alleging abuse and neglect;(2) the number of children reported to the department as having been abused and neglected;(3) the number of reports received by the department alleging abuse or neglect and assigned by the department for investigation;
(4) of the children to whom Subdivision (2) applies:(A) the number for whom the report was substantiated;(B) the number for whom the report was unsubstantiated;(C) the number for whom the report was determined to be false;(D) the number who did not receive services from the department under a state or federal program;(E) the number who received services, including preventative services, from the department under a state or federal program; and
(F) the number who were removed from the child’s home during the preceding year;

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kevin

Substance Abuse Center

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