Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

How can I force the state AG's office to recognize that I…

Customer Question
How can I force...

How can I force the state AG's office to recognize that I won my child support suit and make them recognize it? They refuse.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes. I filed for divorce, but the county clerk refuses to sign it. You see, the state of Texas had a criminal AG (Dan Morales) who went to prison. His activities were all corrupt and he did many unethical things while in office.

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

Yes. Many!

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

This is the situation. I was summoned to court to pay child support on a step-child. I was in the military at the time, so I had to take leave. I showed up, but the plaintiff didn't, so I won by default. Then, after I had gone back to the military, they had a secret hearing with the mother present that I knew nothing about. Eight years later, they send me a notice that I owe a tremendous amount of back child support. I do not think that that is proper or right, and I think that they actually destroyed the documentation showing that I won the suit.

Submitted: 5 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 hours by:
12/21/2017
Family Lawyer: Asad Rahman, Lawyer replied 5 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,432
Experience: Practicing Attorney with 10 years experience
Verified

I am very sorry to hear that. Usually service is not proper if the person is in the military and overseas so I question the validity of that hearing. My suggestion would be the hiring of a local attorney who could go with you to the local AG's office and try to negotiate a resolution before trying to challenge the order in court. I previously worked for the Texas AG.

Ask Your Own Family Law Question
Family Lawyer: JD 1992, Lawyer replied 5 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello, this is Dwayne B. and I am an expert here in JustAnswer. It appears as though you "opted out" the previous expert.

Do you still need assistance and, if so, with what specific question can I assist?

Ask Your Own Family Law Question
Customer reply replied 5 months ago
I won my child support case by default because my estranged wife did not show up. She was trying to make me pay child support on a stepchild, which I refused to do. After winning, I returned to my ship in Norfolk, Va.
After leaving, the Texas AG's office talked her into coming in and having a hearing without my knowledge. Eight years later, I received a child support bill for thousands of dollars. What they did was completely improper and unethical (Dan Morales, the crooked AG who went to prison had his office do this, and I believe that they destroyed the default judgment in my favor).
So, my question is, what do I do? I am a paralegal, I know how to do all of the paperwork, and I have more than the ability to represent myself, but I have no idea as to how to force the AG's office to comply, or provide, the evidence that I need to be out of an insurmountable child support debt that I should not be paying to begin with. So, what is the procedure?
Family Lawyer: JD 1992, Lawyer replied 5 months ago

You would file a Motion to Vacate Judgment on the last judgment your wife obtained. That could be based on the Soldier and Sailors Relief Act combined with the lack of service.

The AG's office won't. and can't be forced to, obey an order from the court so long as a later order exists which contradicts the earlier one. You can force them to obey the earlier order if the later one is vacated.

It is extremely doubtful that the clerk destroyed all of the paperwork from your original case since that is a felony and would result in them losing their job, since a clerk is statutorily mandated to file and maintain all records.

You can include the Attorney General in the Motion to Vacate if you like by adding a paragraph that asks the court to allow them to be a party so they are required to follow the orders in the case.

Likely they AG didn't know you were gone on duty ad your ex didn't tell them.

However, the suggestions I made above will handle all aspects of your case. If the AG still refuses to recognize the order (even after they were added to the suit) then you can file a motion with the court to hold them in contempt, ask the court to mandamus them, or ask the court for an injunction. Any of those would work, but I have never heard of them refusing to obey an order of the court once they are a part of the case.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. A bonus or "tip" is, of course, appreciated but neither required nor expected. Regardless, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

Ask Your Own Family Law Question
Family Lawyer: JD 1992, Lawyer replied 5 months ago

I am about to go offline for a while but will check in later.

Ask Your Own Family Law Question
Was this answer helpful?
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing Family Law in 1992

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Can I evict my husband from the house My mother owns the home.
Can I evict my husband from the house? My mother owns the home. We have no rental agreement with her just a verbal agreement. My husband has stopped helping me pay the bills and "rent". What legal rec… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
My boyfriend was arrested for back child support. He is in
my boyfriend was arrested for back child support. He is in for 30 days unless he pays 4377.60. He just started work release however with this he will be paying way more. They are setting it up to wher… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
444 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
In state of Washington we need to change a child support
In state of Washington we need to change a child support order. The father is paying about 1500$ a month less than he should be paying based on the state calculations. There are twins involved that ju… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
Familyanswer, in the california child support guideline
Hi familyanswer, in the california child support guideline calculator, it asks "other child support being paid". Could this apply to the support I am providing for my current step daughter? Or is this… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
What is covered by child support. Example, Lunch fees at
What is covered by child support. Example, Lunch fees at school, Instrument rental for school band, School uniforms?… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
My question is in regards to child support. My daughter
Hello, my question is in regards ***** ***** support. My daughter turns 18 this year in November. However, she graduates high school June of next year. Do I continue paying child support after Novembe… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My final divorce order states my child support and that I
My final divorce order states my child support and that I will pay until my child reaches 18 or graduates. My ex wife requested a modification in the support only, when I received the final order it n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
Questions about motion for child support modification.
questions about motion for child support modification … read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
I have some back child support that the mother of my son
I have some back child support that the mother of my son wants to have erased.... can she do that? Also, she also wants to take me off child support?? Is that possible? If so, what do I need to do to … read more
Sean K
Sean K
Attorney/Member
JD
618 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
618 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I pay child support in Texas. My divorce decree states "If a
I pay child support in Texas. My divorce decree states "If a child is eighteen years of age and has not graduated from high school" that I pay child support. Also, "If a child is eighteen years of age… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,859 satisfied customers
The mother and I agreed on child support amount of 300.00 11
The mother and I agreed on child support amount of 300.00 11 year ago .I have increased it 400,00 on my own 5 years ago . I make 43,656.00 gross a year .DHHR has taken the mothers medical card because… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x