RANT - Horrors dealing with the Attorney General

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Dario

Member
Joined
Apr 14, 2005
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8,222
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Austin, TX, USA.
Where did "Innocent until proven guilty" go?

This past week, I received 7 letters from the Attorney General's office regarding garnishing my salary for child support. They claim I owe $62,312.97 (including $11,008.97 in interest)[:0][V].

Please note that I have been paying my child support every month (including when I was out of work). I called the AG's office numerous times trying to convey my side of the story and my willingness to provide proof of all payments made. They won't hear any of it and insists that unless my ex-wife confirms my claim, I have to hire an attorney to correct it. I know I can set it right, but the unnecessary waste of my time and cost involved makes me (stressed and literally) sick! In the mean time they will continue collecting child support and arrears for the money I "owed".

BTW, ex-wife currently works for Child Protective Service and knows how to "work the system".

One clerk in particular sounds nasty and treated me almost like a criminal. While I understand that they need the "power and authority" in some cases, the system sure felt overly one sided in this instance.

For now I am documenting everything and collecting all available bank statements and documents. Will consult a lawyer next week if I have to.

Anyone have other advise?

Rant over and Thanks!
 
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Crud, man, that's aweful. Cashed checks are your friend in this case.



Just make sure your lawyer knows all the facts about who is playing what system---- there could be criminal repercussions for someone doing such things, especially as an employee of the gov't.
 
I only have cashed checks for a year (during my un-employment). I managed to print the copies of the last 3 checks but can get the rest from my bank (for a fee).

Prior to that, are all automatic transfers from my account to hers as stated on our divorce decree. Good thing that the receiving bank account number is specified there so it is going to be easy.

I've been very easy on my ex-wife and she just keeps on pushing (remember the house selling issue last year?). This time I plan on hitting back (legally) if she continues this crazy stunt.

Thanks!
 
Dario, phone calls concerning these things won't accomplish anuthing. You need to make your protest formal and that means in writing. Make sure you submit copies of all proof. It should at least buy you some time to locate an attorney.
 
I wouldn't wait, get the lawyer in line now. She's not going to stop until you make her.

If possible get your lawyer to file changes against her for what she is doing. Filing false claims, harrassment, etc. Everything he can think of. The time for being nice is over.
 
I fill for you just do like you said get the lawyer, and get the past checks from the bank. :) My X figured out a loop hole to get my drivers licenece pulled from me and I still have not got it back. [B)]:([xx(][V]
 
I'll echo the GET A LAWYER NOW</u> advice. The reason you were treated so nastily is because 99.9999% of all ex-husbands claiming to be up to date on payments are deadbeat liars. It is very rare for someone to be in your position so they cannot be blamed for not believing you. I have a good friend who is a former judge. He heard all the excuses and then some. Save your breath, get a lawyer. Sorry for the extra expense and grief you are going through.
 
Originally posted by alamocdc

Dario, phone calls concerning these things won't accomplish anuthing. You need to make your protest formal and that means in writing. Make sure you submit copies of all proof. It should at least buy you some time to locate an attorney.
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Certified mail, by the way. Make the paper trail indisputable.
 
Originally posted by DocStram

L ..... a.... w..... y...... e...... r. And then ask him to file to reclaim his costs since she made false accusations.
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Hopefully he can do that. I know in SC you can't do that--- I have some friends in a similar situation and they honestly deserve about 10K in lawyer and legal fees and cannot sue to recoup them. I'm in NC now, not sure what our laws are up here.
 
ALWAYS pay through the court system they keep a record and no court can dispute it. My X wanted me to pay it to her and as it turned out for me I was SO glade I didn’t. The clerk of the courts showed them that I was paid so no dispute.
Jay
 
Even if you can't file for the lawyer fees you could still file for mental anguish, if you can prove she did this on purpose. With her job position, it actually works against her if she abuses the system. Because she knows better. This forum posting is enough proof for court of the mental anguish it is putting you through. Now just prove the "intent" on her part.

Always get a lawyer as soon as something like this starts. Usually they can write a short letter and stop it before it goes to far. The unfortunate thing is she is going to hound you until you put a stop to it legally through court. I don't have any kids of my own but when I was in the Military I saw things similar to this happen to a lot of good guys. The women were just so vengeful. Good luck Dario.
 
Ouch! Dario, I'm no legal expert but it seems that if you have in your divorce decree that you are supposed to make an automatic payment to her bank and you have done so with proof of it all, you don't have much to worry about. Like Frank said, almost all the men that are accused of this actually ARE guilty so they treat all of us like criminals. It's hard to look past but they are just stereotyping men because that's what they mostly see. I can walk into the friend of the court's office here and get nasty looks and treated rotten til they realize I'm the custodial parent. I've known enough people that have played the system to understand why these organization's employees stereotype us like they do. If you can't jump right out there and get an attorney (which you definitely should), get the proof from the bank and your divorce decree that states that and walk into the AG's office with it all. DEFINITELY get a consultation from an attorney and find out from them what to do next and I would also be discussing pressing charges against her for false allegations.

Not to scare you but... In Michigan and I'm sure some other states, if child support is not paid through the court system (friend of the court here) because of a court order, the courts consider it a gift and back-charge from the date of the original order. I don't know how things work in TX but that possibly could be the angle she's trying to play you from. The difference is what is in that divorce decree of yours. If you've followed it, you should be fine.
 
This S**ks

My BIL had a daughter from his first marriage. He began noticing signs of abuse and took the girl to live with him and his new wife (my sister). He quickly got the police into the picture, hired a lawyer and started proceedings to take over custody. His ex was a para-legal and dragged the proceedings on for 2 years. During this time my BIL had temporary custody and finally won permanent custody. It wasn't a pretty picture during those 2 years.

But that didn't stop his ex. Even though he was caring for the child during that time (and believe me funds where tight for them) she sued for 2 years worth of back support and interest.

If he didn't have a lawyer from the beginning, he would have lost.
 
Dario, I feel for you but as all have said get a Lawyerasap. In 1970 I divorced my first in Florida and was ordered to pay Child support and alimony and was to pay her directly by the 15th of each month. All was well untill I remarried in '72 and moved to Texas. She sued me for 2 years back child support and alimony, little did she or her attorney know that at that time Texas was a non alimony state and I had all the cancelled checks. My lawyer had me stop paying her directly and had the Texas courts agree to accept the child support payment and forward them to Florida but declared that she would have to sue me in Florida for the alimony as Texas was a non recepicating state with no alimony therfore would not issue warrants for non payment of alimony. I paid all my child support and more until my son was 21 but she never recived a penny from that day on (June 1972). Sometimes we win!!! </u>
BTW she sued me in Florida on our wedding ann. every year for 10 years and had the papers sent to me and I just gave them to my lawyer and he had the suit thrown out each time ( Cost me $100.00 a year).
 
Originally posted by Dario

Where did "Innocent until proven guilty" go?

This past week, I received 7 letters from the Attorney General's office regarding garnishing my salary for child support. They claim I owe $62,312.97 (including $11,008.97 in interest)[:0][V].

Please note that I have been paying my child support every month (including when I was out of work). I called the AG's office numerous times trying to convey my side of the story and my willingness to provide proof of all payments made. They won't hear any of it and insists that unless my ex-wife confirms my claim, I have to hire an attorney to correct it. I know I can set it right, but the unnecessary waste of my time and cost involved makes me (stressed and literally) sick! In the mean time they will continue collecting child support and arrears for the money I "owed".

BTW, ex-wife currently works for Child Protective Service and knows how to "work the system".

One clerk in particular sounds nasty and treated me almost like a criminal. While I understand that they need the "power and authority" in some cases, the system sure felt overly one sided in this instance.

For now I am documenting everything and collecting all available bank statements and documents. Will consult a lawyer next week if I have to.

Anyone have other advise?

Rant over and Thanks!
Click to expand...
I would recorder ( edit: tape ) all telephone and face to face conversations may help, just an idea, sorry by this dilemm
 
I too am labled a deadbeat father..I pay extra in arrears every month..At present time Im $2000.00 OVERPAYED...My arrears is because at the beginning of each month you are billed for the entire month..then it is deducted from your pay each week so on the last day of the month you should be payed up, Thats why they only schedual hearrings on the first part of the month.They told me they do that to every body..The attorneys wont touch any case here that domestic relations is involved in..I have had my entire income tax refund check withheld..$1500.00 I hired an layer..we went to a hearring (their judge) They said it was all a mistake and I would get it back in 6 months but they refused to put it in writting like I requested (the layer $700.00)
After 8 months..went back for another hearring to find out where my money went..they told me that the judge I had didnt work there anymore..I wasnt getting any money back..But If I payed them $75.00 they would find out why it was taken..Turns out that 2 chechs from a previous employer bounced several years ago..They should have went after him but it must have "Fallen through the cracks" and Im responsible to make my employeers checks good if they bounce..They told me to take him to court. He since filed bankrupcy and moved out of state.Im waiting for my assigned case worker to call me back (been waiting almost 9 years now) but they say he is very busy
If you need to discuss a matter with them you have to go there and sit in a waiting room for hours..just to set up a time when someone can talk to you..The last time I had to miss 4 hours of work 2 days in a row just to set up an appointment..Turns out the receptionist didnt tell anyone that I was sitting there for 4 hrs..waiting...asking her how much longer...2 days in a row..It wasnt until I told them I was contacting the local tv station to come in and witness this that they let me talk to someone..I have had several warrents out for my arrest for checks they have had in there possesion for several weeks but didnt cash..Oh and my $2000.00 overpayment..they said when My yougest is 19 I can fill a pettition to have the payments stopped..It takes about 6 months for a hearring to be schedualed..so keep paying..then when its all said and done, you can take your ex wife to court for the overpayment...To put it mildly..the system here SUCKS



the final slap in the face..They send me a bill every year for $25.00 for their services
 
Man, you have had a rough time. You have my sympathy. I have had some experience with the AG office here in TX and nothing you have said is a surprise. The attorney will be money well spent. Make sure he has a copy of your divorce decree and highlight the important part to help him out. It would help if you could get before the same judge. No judge likes his orders messed with. Sorry I don't have any other advice but everyone's experience is a little different.

Hang in there. We are pulling for you.
 
Originally posted by Darley

I would recorder ( edit: tape ) all telephone and face to face conversations may help, just an idea, sorry by this dilemm
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There are some strict laws, Federal I believe, that severely limit what you are allowed to record.

I have a friend with a cheating spouse--- they have phone conversations of the spouse with the cheatee recorded, but cannot use them in court b/c her lawyer says they were recorded illegally.

Be sure you know the law before you try this.
 
Dario,

I can't offer any advice beyond what's been mentioned here. But you have my sympathy and hopes for a speedy and just conclusion to this matter. A little revenge wouldn't be bad either. [}:)]
 
You've got my prayers Dario, you've got my prayers. Life is to hard on its own to deal with stuff like this. Hang in there.
 
Sometimes you need a hired gun. Get a lawyer! He (or better yet, she) can deal with it dispassionately and relieve some of the stress in your life. Good luck.
 
Dario I cannot offer you any advice that has not already been said, but I feel your pain, my brother went through a similar situation a few years back, keep your chin up my friend we are all on your side!
 
Thanks guys, we are in the process of finding a good lawyer. I know this will be sorted out...how much and how long is the question.

I just wished AG's office would also make it reasonably easy to provide proof of payments and not pre-judge everyone (every father).
 
Not sure if it will really help or not but one of the AG's "agents" I spoke to on the phone told me to fax my proof of payment to my case worker.

After compiling all my documentations (bank statements, canceled checks, a few pages from divorce decree, etc.) I decided to mail it instead (registered w/ signature confirmation) because it came up to 114 pages!!! :eek:

There may be light at the end of the tunnel ahead. If not, I am ready to hand a complete set to my lawyer and he should have all the info/documentation he need to fight for my case.

I am really hoping that reason and justice prevail and get this issue behind me as soon as possible.

Thanks for listening! :)
 
Yep, paper trail, even the lawyer will want it. I wish I could offer better advice or help in some way. Good Luck!

BTW, I hope you only mailed copies and not originals.
 
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This REALLY SUCKS! Why is it necessary to get a lawyer to prove your INNOCENCE!! Lawyers....what a f@#$%n' racket! I feel for you, Dario.:mad::mad::mad:
 
Mike,
Only 4"? Hahaha, My wife filed for disability.The state denied her. She appealed and the feds slammed the state. That judge did everything including calling the state judge incompetent. Her file fills 2 storage boxes. Good luck, and stick with it. The States are told to disqualify almost all initial applicants. If you need any help or advice just ask. My wife is more than willing to help.

Dario,Glad to here the news. Hopefully that will squash any future actions by them and hopefully someone will take action against your wife from within. Without you ever being involved.
 
Dario,
Hope all this works out for you.

When I divorced my first wife, I got custody of our son so no child support to pay there and the court wouldn't allow me child support from her.
My step-daugher (the wife's daughter from her first marriage) came back to live with me after 3 months with her mother and I made arrangements with my daughter's father to receive the child support he paid... which I banked for my daughter. My ex actually came to me and asked that I have the money sent on to her, since according to the divorce decree she had custody of her daughter. She even threatened to take me to court so the money would be paid to her as per the decree.... even though I had the child. I invited her to proceed... we would see what the courts had to say about letting her minor child live with me. Ended that.
 
Dario, Sorry to hear of this. Here in Utah they take it out of my check even before I get it and it cost me an additional few dollars each time they do it. So in the end I have to fork over about another $200 in fees. Before they started doing this I never missed a payment to my ex and she actually prefered the arrangement that we had because more than once the state has messed up and not got her the money. In fact one time they skipped a payment to her and I had to give her some money to tide her over until they figured it out. They never did to my knowledge.

I am lucky that the lady I am married to now is a class act and supports me in all of this and treats all seven of our kids (her two and my five) like GOLD! I don't know what I did to deserve her.

Crazy laws anyway.
 
I have always wondered where they find the people to staff the friend of the court office (here in michigan). When I was awarded custody in my divorce the stupid sons of b@#&%*$ came after ME to pay child support! They wouldn't beleive I had custody even with papers, my lawer had to take them in himself to get it resolved then I was awarded a whopping $8.00 per week in child support!! Boy that came in handy. Good luck Dario.
 
Dario, I am sorry this woman is still determined to 'make you pay' for whatever misdeads she thinks you committed. I mostly echo what everyone else says. I would though, suggest you contact a lawyer now rather than waiting to see if your mailed documents will solve everything. From what some of the guys say, you may find that nothing happens quickly without a lawyer on their case. And if the law allows in your state, I would sue/counter sue/ do something to make her pay for your lost work hours, financial hardship for whatever you have to lay out, and also your lawyer fees. If you have a good lawyer, and the law allows, try and get something to take place so that she can't ever file anything against you again without it going through a court approval process.

I recently had to fork out $20,000 for a small claims case I lost. It was a real estate issue: I told the RE agent that my well had seasonal problems - less water in the summer, the RE agent gave evidence saying that I told her and that she didn't tell the new owners because they were having the well inspected so it should come up. The judge ordered against me because she said I personally should have told the new owners!!!! I will be a long time recovering from that loss. And I sold the house because I was broke, go figgure. So, I don't relate to what you are going through but have still been FITA by the system.
 
Ask that question on www.thinkfreeforums.org. Check the 'I need urgent help" section. If you care to do a bit of reading, and download a few papers, you can doo the whole process yourself through a notary, and counter sue her in small claims court.

After you win in small claims court, charge her criminally with blackmail, attempted theft, larceny, fraud, defamation, libel, perjury, etc. (those are just off the top of my head) Also go after her public service bond willfully using her position of office to commit a criminal act. She will be completely unemployable after that. To get after her bond, find the liability insurance company that covers the branch that she works for.

If you do the process with a notary properly, you can get the insurance comapny to settle very quickly.

If you hit her with all the angles above, she'll probably withdraw from asking you for child support, as well as giving you full custody of your kids. She'll want it to stop fast.

As for hiring a lawyer, I don't do that. The definition of a 'client of an attorney" is "a mentally incompetant child, or ward of the court, who is unable to manage his own affairs". "attoarney" is "someone who transferes loyalty or property from one master to another". The lawyers job is not to represent you to the court, it is to represent the court to you. Except in very rare cases, the alwyer will always recomend the course of action the will best pad his pocketbook, not help you.

Been in court with a lawyer, and when I heard him talking in a coffee shop with the prosecutor how long of a sentence I would receive, and how many appeals I woudl be granted, and how much each lawyer woudl make off of the case, I fired him, and represented myself. I was cleared of all charges.

Do what you feel is best for you, but don't say no to something before you have all the information.
 
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Thanks. I definitely will check on this.

Update:
The AG accepted my protest PARTIALLY and it is down now to $6,000.00. The direct deposits are credited but the checks were considered "gifts" though the memo part are all marked with "for child support". Current checks amounting to half (approx $3,000) are all accounted for but those issued 8 years ago were lost. The bank don't have records of them anymore since I closed the old account. I do have the proof from her bank showing the amount deposited if that helps me any.

I am not satisfied because it is all paid but after checking lawyers here...their fees will cost me a lot more than that.

Another twist, since I got a promotion, she can actually have the child support re-calculated to a higher amount...which I am assuming will be almost equal to what she is getting now. I am letting this drag for now since it is something I can use later if she pull another "stunt".
 
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