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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: 2 months ago.Category: Family Law
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Answered in 4 hours by:
12/21/2017
Family Lawyer: Asad Rahman, Lawyer replied 2 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,349
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.

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Family Lawyer: JD 1992, Lawyer replied 2 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?

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Customer reply replied 2 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 2 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.

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Family Lawyer: JD 1992, Lawyer replied 2 months ago

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

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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