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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My Exhusband has called and said he received a letter from

Customer Question

My Exhusband has called and said he received a letter from the Texas AG office stating he owed $98,000 and they sent an order to his employer to take $1100 a month. I opened a case in 2006 stating he was in arrears of $32000 at that time and the AG's office never did anything with it and in 2011 I received an order to terminate my case. I have not received any documents on what he received and have not tried to open the case back up. So my question is why would they just open it back up? He has called me and asked if I would tell the AG office it was paid in full so what should I do? or is it legally out of my hands<
JA: Since laws vary from place to place, what state is this in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No I have not, I am suppose to call the AG office on Monday
JA: Anything else you want the lawyer to know before I connect you?
Customer: If I say he is paid in full it would be a lie and I don't want to get into any legal issues over this.
Submitted: 10 months ago.
Category: Family Law
Expert:  originallawyer replied 10 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 10 months ago.

The OAG in Texas has the authority to collect on arrears without your involvement. They can administratively raise his payment to account for the arrears with out the court being involved or you asking them to do it. That's likely what happened.

If he has not paid in full, you would be committing perjury if you said he has. You would have to fill out and submit an affidavit saying that he has paid you in full, directly, for his support payments. If he hasn't, that would be untrue.

Now, if you want to waive his past due support, that's different. You can tell the OAG office when you call that you would like to waive your back due support and they can send you the paperwork for that. It's your choice. But you are not obligated to do so.