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10) has not been finally determined to be delinquent in

10) has not been...

10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

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

What does "finally determined" constitute?

Lawyer's Assistant: Family law varies by state. What state are you in?

TX

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

This is from TX Code I have asked several questions this morning and no one has responded. ALREADY PAID

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Answered in 4 minutes by:
3/15/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 488
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am preparing a response to your question and should have that to you shortly.

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Customer reply replied 1 month ago
Thank you.

"Finally determined" generally refers to a decision made by a court or administrative agency. In other words, there can be preliminary determinations that you are delinquent based on an affidavit from the recipient or a review by the state agency, but if it is noted that the decision has not been finally determined it means that no actual hearing, where you could present any defenses or differences in facts, has occurred such that an appeal could be taken, for example. In most instances, "finally determined" means a court considering the issue has rendered a decision or Order.

I hope this helps. If you need more assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
The OAG of TX is basing the "past due" amount from our divorce decree in 1994. I paid SEVERAL years in which he is claiming that I did NOT. He claims one amount owed on one document. A rudimentary spreadsheet claims another...the OAG has yet another amount plus interest. I have NEVER been notified of ANY hearings, except for hearsay by him. His original divorce attorney screwed up and only listed my then current employer and did not include "and any subsequent employers" or whatever the legal phrase should be. Since they are basing it on the "last court order," it seems as though I should not have to pay ANYTHING else. I received a letter saying "no further action is needed at this time." Yet, it shows an erroneous past due balance at the bottom of each month's "bill." Also, a young woman from the OAG office told me that there was another hearing scheduled MONTHS ago, yet the judge threw it out prior to the hearing date. I need HELP getting this erased.

One option to try to address this issue is to compile all your records of payment and send that to the OAG. You may consider including in that letter the fact that you never received notice of the relevant hearings. If you have the notice you received from the OAG and are willing to attach that to the email, I may be able to better assist you in identifying options. Also, was your child support withheld from your wages with your original employer?

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Customer reply replied 1 month ago
It was withheld from the original employer from 2004-2007. The OAG has not given me "credit" for that. My ex filed when our child was 17.5 years old! There was NEVER a financial need. In fact, that was the same time I was diagnosed with several disabilities and can no longer work. I will never work again. I cannot pay for my own prescriptions or food. There HAS to be a reality check here somewhere. He ALWAYS made more than I even when I was working, AND i paid WAY over the 20% of net income allowed by TX law. Now they have sent me to the enforcement division, and I cannot get my car tags. I am about to get my license to carry (since I can no longer protect myself physically), and I am afraid they are going to stop that. I cannot afford the research fees from the various banks I have had over the past 16 years!

Would your former employer be wiling to help you out? This is a very frustrating situation I am sure. It would probably be advisable, given all the various issues involved to consult with a local attorney. If you have limited funds, you can visit your local legal aid office. If they are unable to help, the link here provides Texas specific assistance: http://www.tlsc.org or here https://texaslawhelp.org

I am happy to help how I can, but it sounds like you need a low or no cost attorney who is physically able to do the research necessary to dispute the OAG calculations.

Attorney Wendy
Category: Legal
Satisfied Customers: 488
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
Thank you very much. I will follow-up on those sites.

Best of luck!

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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.

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