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: 7 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 7 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,554
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 7 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 7 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 7 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 7 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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am a U.S. military veteran residing overseas Europe. I
I am a U.S. military veteran residing overseas Europe. I divorced my former spouse 8 years ago. When we divorced, there was no court order for child support. She has had custody of our two children fo… read more
Sean K
Sean K
Attorney/Member
JD
950 satisfied customers
What can a parent do when local law enforcement and the
what can a parent do when local law enforcement and the District attorney's office refuse to take a report of a child abduction?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I am going thru divorce procedure in state of Wisconsin. My
Hi. I am going thru divorce procedure in state of Wisconsin. My husband has been incarcerated for past twenty years.. He went to prison 21days into the marriage. I stated married for the sake of our d… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My son turned 17 s mother and I went to the army recruiters
My son turned 17 his mother and I went to the army recruiters and and four months later our son went off to boot camp in the army. Well the problem I his mother and I were separated at that time and I… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
I recently got served paperwork from the OAG office in Texas
I recently got served paperwork from the OAG office in Texas regarding child support. They are taking me to court in interest of a minor child. Years ago I had a one night stand with a woman who claim… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I have two children with an active duty military guy, we were
I have two children with an active duty military guy, we were married for ten days shy of 12 years. Both of our children have extra needs and see doctors on base. I was told I would be able to keep ID… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
My childs father won a lawsuit for over a million dollars
My child's father won a lawsuit for over a million dollars and he has hid the money from the attorney general but is taunting me by sending me pictures of his new life. Is there something i can sue hi… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I have been paying child support for my son and daughter at
I have been paying child support for my son and daughter at $400.00 each per month. My son turned 23 Nov 28th, 2012. The divorce order was that I was to continue paying child support if was going to c… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My son is 18 and just completed Army basic training. My ex is threatening to sue if unless
My son is 18 and just completed Army basic training. My ex is threatening to sue if unless I sign a letter of emancipation to release him from child support. When I look back at our divorce paper, he … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
if my ex is an attorney shouldnt she be assigned an earning
if my ex is an attorney shouldn't she be assigned an earning capacity based on her previous employment and education? my ex was given a "$0" earning capacity from a support officer who personally knew… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My husband abandoned my two kids and myself in a bad situation.
My husband abandoned my two kids and myself in a bad situation. He left us homeless and he also left alot of unpaid bills. He has had no contact with us for three years (no support for the children ei… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I had 2 kids with a woman that Iam not married to and have
I had 2 kids with a woman that Iam not married to and have the following problems: 1. Aside from not obeying the court order (not being kept informed of doctor's appointments (one child has diabetes),… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My husband lost his job in December and filed a Motion to Modify
My husband lost his job in December and filed a Motion to Modify Child Support (reduce it) and won. The judge reduced the support form $780 to $353 and granted it retroactive to March 1, 2009. The AG'… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
Florida child support has refused to correct arrearages. After
Florida child support has refused to correct arrearages. After providing them with documentation showing that I have over paid more than 30K, I was asked to sign a paper stating 12K was the only amoun… read more
FloridaLawyer
FloridaLawyer
Attorney
Doctoral Degree
737 satisfied customers
my husband and i live in California and he pays child ...
my husband and i live in California and he pays child support, he was never married to the mother of his child,my question is once his child turns eight-teen will he still have to pay if she attends c… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
My son will turn 15 next week. I do not have a court
My son will turn 15 next week. I do not have a court order for child support. Am I entitled to back support? My son was born in Hawaii, we presently live in Lousiana and am thinking about moving to Mi… read more
The Judge
The Judge
Attorney At Law
2 Degrees: JD & MBA
700 satisfied customers
Why is paternity fraud rewarded and not prosecuted. If we ...
Why is paternity fraud rewarded and not prosecuted. If we were on the stand and stated that I only had intercourse with one man and he is the father, then later find out that person lied the courts wo… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
In the state of Virginia on a new petition for child ...
In the state of Virginia on a new petition for child support how far back will I be granted child support?… read more
BeckyH
BeckyH
Paralegal
Associate Degree
38 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