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Need Help On How To Correct Mistakes By Attorney General's Office

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Where are all these overly sensitive newbies coming from? Are we all supposed to hold hands and cry? Shake our fists at the heavens and scream "why why" over and over? Geez she gets a few people telling her that the guy needs a lawyer and she goes ballistic. Then I try a different angle & try to help with English 101 since no one really knows what kind of help she's wanting and I'm called a mooching ex wife. Like it or not she did get the best and only advice she could receive. The guy needs a lawyer. CSE isn't going to listen to her. CSE isn't going to listen to him either. But do what you want. It's not my money.
 


INEEDJUSTICE

Junior Member
Smarty Panties said:
Where are all these overly sensitive newbies coming from? Are we all supposed to hold hands and cry? Shake our fists at the heavens and scream "why why" over and over? Geez she gets a few people telling her that the guy needs a lawyer and she goes ballistic. Then I try a different angle & try to help with English 101 since no one really knows what kind of help she's wanting and I'm called a mooching ex wife. Like it or not she did get the best and only advice she could receive. The guy needs a lawyer. CSE isn't going to listen to her. CSE isn't going to listen to him either. But do what you want. It's not my money.

First off it's almost Christmas & I ( INEEDJUSTICE ) am a he not a she.
I want to apoligize for getting caught up in all the mudslinging & name calling.
My intent coming here & posting was only to try & help out a life long friend.
What I posted was a rant that I sent the attorney generals office & was directed at them only hopefully to get their attention & it obviously did.
He now has a name & phone number in Austin Texas to work with.
He has used several different attorneys trying to correct the mess & all they have done to date is take his money. The bottom line is this he did get behind years ago & that was his fault & he has documentation showing what he was to pay & what the monthly payments were to be. For eight years he has been paying the amount they told him to pay. Now they say they have no records & that they did not require him to pay enough a month for those eight years so not only did they add the additional amount to what he owes they added penalty & interest. So now what was $10,000.00 has turned into $35,000.00. Again his daughter now 26 with three children of her own & who was declared an adult at the age of seventeen has not lived with his ex wife since the age of fifteen. He lost his job of fourteen years & cashed in his 401 K & took the penalties for early withdrawal to have something to live on & they froze his bank account & have garnished $300.00 a month out of his measly $900.00 a month unemployment check. He has lost both his parents in the last fourteen months & I only was trying to get some input.
I hope you all have a merry Christmas & all your issues get resolved.
 

Phnx02

Member
Texas:
Yes, your letter is hard to read.....or stay interested at the very least. I understand your frustration (on your friend's behalf), but you won't get very far by rambling on and on with full of accusations on how "stupid" they are, how everything is "their fault", and threatening to call tv stations......Nor are they obligated to respond to you - a "bystander". You need a different approach.

First, the person who needs to be calling and/or writing letters is your friend - the person this invloves. Have him call the TX AG office and speak to a live person. Avoid the 800#. Instead call them directly at 972-396-1115. This number is also a call center, but if you enter a ss# and/or case#, you can get directed to a live person. They will only talk to the person belonging to this SS or case #. The people that will answer this call will be the lowest level employees on the totem pole - also know as "Gatekeepers". It is hard to get past them without first explaining to them what the problem is. You need to be as nice and freindly as possible at all times, or they will not do a thing for you and even hang up on you (this seems to be an okay thing for them to do). More than likely, they will tell you they will give the info to the appropriate person and "get back with you". Be sure to get their name and record the date and time called. Keep calling them, each time telling them the person you spoke to the time before, tell them you haven't gotten a response, and ask for a supervisor. If you can show them you've already called a few times before, and can name names, they will be more apt to put you thru to a supervisor (they are taught not to put these calls straight thru to a supervisor at first). Then, when you do get thru to a manager, be super nice .....do NOT start with the accusations.....but rather have all documentation, records, a copy of the original order etc. in front of you to refer to. Try to make this person your friend and be willing to personally look into the situation for you. Be willing to accept the answer they will look into it and get back to you......and then be patient. Something like this will NOT be on their priority list of things to do (admit a possible mistake - C'mon!). Call the next week and ask to speak to that manager personally, and the next week, and the next week. You have to try to pinpoint the one person out of that office who is working on your case.....always keep track of names...otherwise you'll get transferred around from person to person.

In the meantime, write a letter outlining the problem to the state "home office" in Austin - direct it to the AG of the state by name. Stick to the facts.... cite certain records and docs, dates etc. DO NOT be accusatory or condescending. Do not threaten them and it does no good to complain about "how hard of a time" this is on your friend.....Someone at the main office will make record of your letter and more than likely, pass it back to someone in your local city office to handle, but they will now be more apt to "work faster" because you've brought it to the attention of "the big guys" who write their paychecks. If you don't hear anything (give it 30+ days), contact the main office in Austin again....this time by phone.. and refer to your letter.
I know this is long.....sorry. Since your friend probably cannot afford an attorney to do all this, this is a way. I suggest this from experience in Texas......different siutation, but after I did all of the above, I got results pretty quickly. Good luck!
 

LdiJ

Senior Member
INEEDJUSTICE said:
First off it's almost Christmas & I ( INEEDJUSTICE ) am a he not a she.
I want to apoligize for getting caught up in all the mudslinging & name calling.
My intent coming here & posting was only to try & help out a life long friend.
What I posted was a rant that I sent the attorney generals office & was directed at them only hopefully to get their attention & it obviously did.
He now has a name & phone number in Austin Texas to work with.
He has used several different attorneys trying to correct the mess & all they have done to date is take his money. The bottom line is this he did get behind years ago & that was his fault & he has documentation showing what he was to pay & what the monthly payments were to be. For eight years he has been paying the amount they told him to pay. Now they say they have no records & that they did not require him to pay enough a month for those eight years so not only did they add the additional amount to what he owes they added penalty & interest. So now what was $10,000.00 has turned into $35,000.00. Again his daughter now 26 with three children of her own & who was declared an adult at the age of seventeen has not lived with his ex wife since the age of fifteen. He lost his job of fourteen years & cashed in his 401 K & took the penalties for early withdrawal to have something to live on & they froze his bank account & have garnished $300.00 a month out of his measly $900.00 a month unemployment check. He has lost both his parents in the last fourteen months & I only was trying to get some input.
I hope you all have a merry Christmas & all your issues get resolved.

Ok...I have some comments to make. The situation may be a little different than you realize. Its very disturbing that they lost his records, however what they are telling him now may not be as inaccurate as it sounds. (at least from their standpoint)

Here is what he needs to research and determine.

1) Did current child support properly end when the child moved in with him? Did he petition to end child support? If he didn't, alot of this problem is his fault.

2) If he didn't petition to end current child support then, did he petition to end it when his daughter became emancipated? Again, if not that contributed to his problem.

3) Since his daughter is 26, when DID the CS agency stop accumulating current child support? Is it possible that even now they are still assessing CURRENT payment to him because they have never recieved an order to terminate current support? That is unlikely...but it could be possible.

Unless there is a flat out bookkeeping error on his account (which does sometimes happen) what I suspect happened is as follows:

He had a 10,000 arrearage from the time before his child came to live with him. He stopped paying child support when she came to live with him but didn't think to petition to LEGALLY end it.....so the CS agency kept accumulating arrearages for him until the child was at least 18 (and maybe even longer...and maybe even is still doing it)

At some point the CS agency caught up with him and made him start paying arrearages. He assumed it was the 10,000 from the past and didn't find out that it was even more. They may not have made him pay enough to cover both principal and interest and pay it off in a reasonable amount of time. Therefore what he has paid over the last 8 years may not have significantly reduced the balance or may not have reduced it at all....particularly if they are still assessing him CURRENT child support.

The very first question he needs to ask is what year and month did current support end.
 

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