Legal Question in Family Law in Texas

My husband and I have been trying to close a child support case. The attorney general's office hasn't been very helpful. Cody, my husband, owed back child support from when our daughter was first born. We have gotten married and faxed all the information they needed to have the case closed. Unfortunately, they took our entire income tax return. The child support officer plainly told me that the money they took would come back to me anyways, so there was no reason for me to fill out an "injured spouse" form. We have recently received letters from child support stating that Cody still owes money. We don't know what the next step is in getting the money back and most importantly, closing the case.

Amanda & Cody Haston


Asked on 3/14/11, 10:46 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Don't worry too much about a LETTER that says that he owes money. The Attorney General has been sending out these stupid letters for at least ten years that have incorrect amounts on them (they originate from an out-of-state contractor).

If your husband gets SUED by the Attorney General for back child support, you have to take it seriously.

If you're really concerned, you can file your own suit - a Motion to Reduce Child Support Arrearage to Judgment. In your motion, you will allege that the arrearage is actually zero, yet the Attorney General is still sending you stupid letters.

The notice of income tax grab letter gave you instructions on how to protest the seizure; I assume you followed these instructions.

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Answered on 3/16/11, 11:08 am


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