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Legalease
Legalease, Attorney
Category: Business Law
Satisfied Customers: 16288
Experience:  14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
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I am a paralegal and I have an urgent need. I recently

Customer Question

I am a paralegal and I have an urgent need for guidance. I recently contested an erroneous child support arrearage claimed by the Office of the Attorney General of Texas Child Support Division. I do not owe any money to the OAG. I filed a petition to modify on June 3, 2016 which included a request for declarative relief from the Court nullifying the alleged arrearage. On June 13, 2016, the Court sent a Notice of Hearing to the parties. Today, I received a call from my former credit union. The credit union informed me that they had received a levy from the OAG on my daughter's account. My daughter is 26 years old, is married, is the only income for her family, has a child who is about to be a year old, and $1700 was taken from her account because the account was opened with me as a joint owner on it WHEN SHE WAS 7 YEARS OLD!! I have no access to the account, and have not made any transactions on the account since my daughter was around 16 years old. The money in the account was my daughter's paycheck from her job at BakerHughes. I am absolutely horrified and am lost on how to properly handle this. I am a paralegal who does substantive work, but this is not in my current knowledge area and I do not have time to crash course myself on this because I need immediate emergency relief!
Submitted: 5 months ago.
Category: Business Law
Expert:  Legalease replied 5 months ago.

Hello again --

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First, your daughter must stop using that account and open one in her own name without your name on it -- it is extremely important that she do this because the Texas OAG has this account on its radar now and will sweep it regularly for money until the matter is straightened out. The Texas OAG has the right to legally attach any account that they can get their hands on until a court orders them differently -- they do not have to go through a court process FIRST before making such an attachment (they are like the IRS and the state taxing authorities -- if you owe it in their estimation these agencies do not have to ask a court for permission to attach any bank account with the correct name and information on it). Unfortunately, there is no really "speedy" way that you can get this taken care of quickly and get your daughter's money back to her. You are going to have to file another contest / challenge against this action in your local family court and my suggestion is that you have your daughter on this particular motion against them as a Plaintiff so that you and she can present the appropriate proof to the court in order for the court to reverse this taking of your daughters money and return it to her. Once the process gets started if you are actually dealing with someone at Texas Child Support who is reasonable and will listen to you and assist you with this, you may be able to get it straightened out and settled back to your daughter before a hearing takes place. Otherwise, you will have to wait to put the matter in front of a judge and I have no doubt that the court will order the money to be returned to her once it is established where it actually came from. I wish I could tell you that there is a quicker process to do this but there is not. In the meantime, you should get your name off of her account and any other account that is held jointly with someone else so this does not happen again until you have had your challenge of the entire arrearage case in court against TExas Child Support.

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I hope all of this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star ratings section so that I will be paid for my time? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above. After you press a positive rating, a bonus box will appear -- and while bonuses are not mandatory, they are truly appreciated by the experts !! THANK YOU VERY MUCH

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MARY

Expert:  Legalease replied 5 months ago.

Hello again --

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