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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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I received a citation from the TX OAG that they filed a Motion

Customer Question

I received a citation from the TX OAG that they filed a Motion to Confirm Support Arrearage. I can see on their website the lawsuit is scheduled for July, however, I was never served the Notice of Hearing.
I was overseas for two years taking care of my ailing parents and that’s when the back child support accrued. Since I got back to the US, over the past 12 months I have been paying child support above and beyond what was court ordered and reduced my debt from over 13K to under 9K. I expect it to be at about or even under 8K in July. I believe I have shown good faith trying to reduce my debt as fast as possible, but I guess that was not good enough for OAG. I never challenged their calculations of my child support debt and they have been regularly withholding $600 from my paycheck. My son is now 18 years old and will be out of school in a couple of weeks. With no new child support, I will be able to repay my debt in about a year or less which is in line with TX Family Code Sec. 158.004.
Here are my questions:
I live in NH, so flying to TX, renting a car, etc. would be quite expensive. Is there any way I can avoid making this trip?
In their request for production of documents, they list many of those that are either non-existent or irrelevant. Also, my general experience with the OAG was that any piece of information I would give them, they would turn it around and use it against me. Is possible to refuse to provider them the documents they want? What are possible ramifications?
Do I still have to go to court if I mail them the answer? And if so, is it even in my interests to do it?
Does it matter that I never received the Notice of Hearing?
What should I expect in court and what will be expected from me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you tonight? I will answer the questions int he order that you have posed them.

meigs004 :

I live in NH, so flying to TX, renting a car, etc. would be quite expensive. Is there any way I can avoid making this trip?

meigs004 :

In order to set this arrangement up you will have to contact the court to arrange to attend the hearing via telephone or by teleconference in a medium such as skype or other technology. Some courts allow for this, and others do not, but it is very possible that you would be able to at the least, attend the hearing by telephone.

meigs004 :

. Is possible to refuse to provider them the documents they want?

meigs004 :

You can definitely refuse to provide documents, but you will h ave to "object" to the production of those documents in your responses and list reasons why you believe they are not entitled to them, or

meigs004 :

Generally, you can object to the production of those documents on the basis of it being irrelevant, burdensome, or the request is vague.

meigs004 :

If the OAG believes they are entitled to the documents they can seek to file a motion to compel you to produce those documents, and if the court grants the motion, then you will have to produce the documents.

meigs004 :

Do I still have to go to court if I mail them the answer?

meigs004 :

Which answer are you referring to? The answer to the requests?

meigs004 :

Does it matter that I never received the Notice of Hearing?

meigs004 :

That absolutely matters, you should either inform the clerk's office of another address that is your new address, or inform the prosecutor/OAG attorney assigned to your case.

Customer:

hi, by answer I mean the production of documents

meigs004 :

Generally in court on these types of matters, you can work out a deal that allows you to pay a bit over the ordered child support that will be applied to the arrearage. This allows for you to stay current on child support going forward, as well as, pay toward the arrears that accumulated. The OAG being a state agency, all they necessarily care about is the collection of the owed child support.

Customer:

in July, there will be no new child support as my son is 18 and will be out of school, so it will only be the past child support

meigs004 :

You will need to be prepared to show the payments you have made since you have returned, as well as show the reason that you in fact did fall behind. If you can show the court that you were taking care of your ailing parents, then you may be cut some slack on the repayment time, or any other remedy that is suitable to your situation.

meigs004 :

I understand, I apologize.

Customer:

I am sorry, I may have missed your answer to my first question - do I absolutely have to fly to TX?

meigs004 :

No you do not, but you will have to arrange with the court to attend the hearing by telephone, or by teleconference.

meigs004 :

Which depending on the courts technology, sometimes your abilities are limited.

Customer:

how do I do it&

Customer:

I mean do I call the court clerks office?

Customer:

and make arrangements?

meigs004 :

Yes, and ask to arrange such a setup or to speak to the judges assistant to arrange it.

meigs004 :

Do you have any other questions, does that answer your questions?

Customer:

ok, you answered my questions, thank you

meigs004 :

Thanks!

Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

disregard

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