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I have child support arrears from a case filed in 1989

Hello, I have child...

Hello, I have child support arrears from a case filed in 1989 closed and reopened in 2000. I can not pay what they want due to the Texas AG causing me to loose 5 jobs over the years. My son is 33 years old. I want to know what I can do to end this forever.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, years ago I went to court to end it and had the chance. They want $15,000 on the spot and I just lost a good job because of the Texas AG

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Need legal advice

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Answered in 4 hours by:
4/12/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,819
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am sorry to read about your difficulties.

You need to take this case directly to the Judge and let the Judge decide. You need to file Motion with the Court for Redetermination of the Arrears Due. In your Motion, you would tell the Court what has transpired and why you are not able to pay the amount being demanded by the Attorney General's Office and ask the Judge for relief--for reduction of the amount owed and the time frame to pay it off.

You can obtain blank Motion forms at your local Courthouse at the Clerk's office.

Goodluck with your case,

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. Kindly use the popup screen to give the rating. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

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Customer reply replied 1 year ago
Follow up question: I do not live in Texas .

I am bit confused because you stated that your State is Texas:

"A: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas"

In any event, what is your follow-up question?

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Customer reply replied 1 year ago
My case is in Texas. I have lived in Florida the past 20 years or so.

What is your question?

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Customer reply replied 1 year ago
I would love to speak with you, however I believe I need an attorney in Texas to file a Motion in my interest since I do not live in Texas and have some fear if I go there the AG might arrest me. I just can not believe after over 30 years they still want to destroy me . Its worse than a life sentence to have this hang over me for the rest of my life and they will not stop there.

Thank you for the information.

Unfortunately, I no longer participate in the phone call program.

You can use the following sites to find Texas Attorneys who handle family law and child support cases to assist you with the case.

You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

Consumeradvocates.org

Also, you do not have to be physically in Texas in order to file the Motion. You can request forms by mail, complete them and send them to the Court. You can also file Motion for telephonic hearing. If your Motion is accepted, you can appear via phone.

Goodluck with your case,

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Other Attorneys on the site still participate in the phone call program. So, you can request for phone call, and an Attorney who participates in the program can contact you.

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Customer reply replied 1 year ago
If not to much trouble, what forms do I need to request from the Texas court in Conroe Texas and what should I say that will convience the judge I can not longer pay a high amount. I will tell you that 7 to 8 years ago I went to Texas to resolve this with the Ex wife. Her attorney asked me for $ 15, 000 on the spot and the judge would have close this. However I did not have $ 15,000 to give him. I have a very good job, and The Texas AG off stopped my Passport and my company let me go. I go another job and they did the same. they took more than 50% of my income from my last employer back in 2007 and they found a reason to let me go. I have not worked since. My life became hell till this day. just enable to get work or keep a job. I retired and my health like anyone who gets old went down hill. My wife takes care of me.

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,996
Experience: Experienced Family Law Attorney
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I have read your responses and I am sorry to had to deal with this; if you file this form the court will have jurisdiction to terminate support issues.

I hope this helps!

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

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as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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Here is the statute that deals with forgiveness for arrears:

ec. 231.124. CHILD SUPPORT ARREARAGES PAYMENT INCENTIVE PROGRAM. (a) The Title IV-D agency may establish and administer a payment incentive program to promote payment by obligors who are delinquent in satisfying child support arrearages assigned to the Title IV-D agency under Section 231.104(a).

(b) A program established under this section must provide to a participating obligor a credit for every dollar amount paid by the obligor on interest and arrearages balances during each month of the obligor's voluntary enrollment in the program. In establishing a program under this section, the Title IV-D agency by rule must prescribe:

(1) criteria for a child support obligor's initial eligibility to participate in the program;

(2) the conditions for a child support obligor's continued participation in the program;

(3) procedures for enrollment in the program; and

(4) the terms of the financial incentives to be offered under the program.

(c) The Title IV-D agency shall provide eligible obligors with notice of the program and enrollment instructions.

In 2011, the Texas Legislature repealed section 157.262 and added section 231.124 authorizing the Title IV-D agency to establish a program, the Texas Payment Incentive Pilot Program, to promote payment of arrears assigned to the state. Under this section, obligors who voluntarily enroll in the program will receive a matching credit (in an amount determined by the agency) for every dollar they pay towards arrears during each month they are eligible to participate. These credits will be conditioned on the obligor fully and timely meeting any current support obligations. This new program will allow for obligors to see immediate matching credits on their pay records for qualifying payments made each month and does not require court involvement for obligors to participate.

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Customer reply replied 1 year ago
Hello, Thank you for that information on Texas Law. Its helps a lot in my next move. However, the balance on the arrears on this old case has climb to over $60, 000 + and since they have killed ever job I have to re pay this debit, with paying a amount each month even with lower amounts , I still will not live long enough in my life to finish it. Still no job will come to me . No Passport. They still report bad credit on my credit report. They list on my credit report owing $60,000 and paid at agreed and the amount just keep going up. Is there any other way out of this?

Unfortunately there really is no other way out of it; even bankruptcy is not a successful method for voiding child support issues. You can request that they freeze any penalties and interset and only deal with the underlying amount.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,996
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 year ago
Hello, Again Thank you for all your answers. I have another question. If I contact the ex wife and try and settle with her and go thru the Texas court that the judgement was filed and ask her to drop the or do nothing to fight me , will the judge do so and drop the case for good and the Texas AG can no longer do anything to me? Is that the only way this can case can be closed for good and NEVER be re open. Can I hire a attorney in Houston and he or she can petition the court on this matter?
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