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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8020
Experience:  Experienced Family Law Attorney
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Is it possible attorney general working on child custody

Customer Question

Is it possible for an attorney general working on child custody case to require cash on Sunday or drop the case completely in texas
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

The AG does not provide assistance on child custody cases; rather they will only assist on child support cases. There is a fee -it is $3 monthly, $25 annually and is deducted from the child support payment; so there should be no request for additional monies. Are you certain you are communicating with an AG attorney as they typically do not work on Sundays?

Expert:  LegalGems replied 1 year ago.

Does the Office of the Attorney General handle custody and visitation disputes?

Federal regulations do not allow the Office of the Attorney General to use child support funding to provide legal services for custody or visitation disputes.

The Office of the Attorney General does receive limited special funding to provide assistance to parents with custody and visitation issues. Information about these services and basic legal information regarding child access and visitation issues is available by contacting the Texas Access and Visitation Hotline. The statewide toll-free number,(###) ###-#### ***** ***** in English and Spanish, Monday – Friday from 1-7 p.m. The hotline has a corresponding website, www.txaccess.org, where parents can download sample materials and tools for assistance with child access issues. - this information is here: https://www.texasattorneygeneral.gov/faq/cs-parents-frequently-asked-questions

Expert:  LegalGems replied 1 year ago.

Child Support Fees
Who will be charged a fee?

Custodial parents who receive full-service monitoring and enforcement services and have never been on Temporary Assistance for Needy Families will pay a $25 service fee for each year that they receive at least $500 in child support collections. The fee will be deducted from the child support payment.

The custodial parent will pay a $3 monthly fee in cases that receive registry-only payment processing and record keeping services through the federally mandated State Disbursement Unit (SDU) for each month in which a child support payment of more than $3 is received. The fee will be deducted from the child support payment.

A case will not accrue both an annual service fee and a monthly SDU fee simultaneously.

When will the fees take effect?

The $3 monthly SDU fee will take effect Sept. 1, 2011. The $25 annual service fee will take effect Oct. 1, 2011.

Why are parents being charged a fee?

Federal law requires all states to impose a $25 annual service fee on cases that involve custodial parents who have never received Temporary Assistance for Needy Families. The fee is imposed for each year that a parent receives at least $500 in child support. Until Sept. 30, 2011, the State of Texas paid the fee for parents. More than $25 million has been paid to the federal government to cover the annual fees. Due to the state budget deficit, the Legislature has authorized the Office of the Attorney General to collect the fee from custodial parents.

In addition, the Legislature has authorized a $3 monthly SDU fee to offset costs to taxpayers to operate the child support disbursement unit.

Since payments on full-service child support cases are processed through the SDU, will parents be required to pay both the $25 annual service fee and the $3 monthly SDU fee?

No. The $25 annual service fee is for parents who have full-service child support cases with the Office of the Attorney General. The $3 monthly SDU fee is for parents who receive registry-only payment processing and record keeping services through the federally mandated State Disbursement Unit (SDU). If a parent has more than one case, and one is full-service and one is registry-only, the parent will be charged the applicable fee for each case.

Expert:  LegalGems replied 1 year ago.

Will collection of the fee delay disbursement of the child support payment?

No. Collection of the fee will have no effect on the processing time of your payment.

Expert:  LegalGems replied 1 year ago.

https://childsupport.oag.state.tx.us/wps/portal/!ut/p/a1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOItDCwsDC1MDLzdLf3NDRz9A9xNvI2cjQw8TIEKIoEKDHAARwNC-gtyQxUBvW7prg!!/dl5/d5/L2dJQSEvUUt3QS80SmlFL1o2XzgwODgxODQwS0c5TzcwQU9QRzRLMkMyMFA3/

This discusses fees.

Expert:  LegalGems replied 1 year ago.

Additionally, the ethical rules that attorneys are bound by require the attorney to give sufficient notice to the client before withdrawing from the case:

RULE 1.15 DECLINING OR TERMINATING REPRESENTATION

(a) A lawyer shall decline to represent a client or, where representation has commenced, shall withdraw, except as stated in paragraph (c), from the representation of a client, if:

(1) the representation will result in violation of Rule 3.08, other applicable rules of professional conduct or other law;

(2) the lawyer's physical, mental, or psychological condition materially impairs the lawyer's fitness to represent the client; or

(3) the lawyer is discharged, with or without good cause.

(b) Except as required by paragraph (a), a lawyer shall not withdraw from representing a client unless:

(1) withdrawal can be accomplished without material adverse effect on the interests of the client;

(2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes may be criminal or fraudulent;

(3) the client has used the lawyer's services to perpetrate a crime or fraud;

(4) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent or with which the lawyer has fundamental disagreement;

(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services, including an obligation to pay the lawyer's fee as agreed, and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(7) other good cause for withdrawal exists.

(c) When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payments of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law only if such retention will not prejudice the client in the subject matter of the representation.

Expert:  LegalGems replied 1 year ago.

Did you have any questions on the above?

Expert:  LegalGems replied 1 year ago.

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