Legal Question in Family Law in Texas
I live in Texas. I have been paying child support since 1998 to a court cppointed service The Guardian Ad Litem. In 2008 The Texas Attorney General took over the cases from The GAL. The GAL and Texas Attorney General is currently in a legal battle regarding this takeover. When the Attorney General took my case they say I owe $48,000+ in back child support. This is completely incorrect. I have requested payment printouts from GAL but they will not give them to me. Now GAL has placed a "Tax Levy" on my accounts for some fees they say I owe. What should I do? I don't have 12 years of check stubs (all payments were through employer) and one of the company's I worked for is no longer in business. I have taking copies of what documentation I have to the Attorney General. But they said, unless the Mom says she has received the payments, nothing they can do. I haven't seen my Son much less his Mom in 2 years. I haven't been able to locate they after they moved without telling me.
1 Answer from Attorneys
Your remedy lies with the COURT. You need to file a Motion to Reduce Child Support Arrearage to Judgment and subpoena records from (a) the Attorney General and (b) the GAL and (c) the ex-wife (just in case she has kept records of the payments). Through pre-trial discovery, you can get Mom's bank records, which will show a deposit of the exact amount of the child support payment each month - let her try to deny it.
Also, you can demand that the Court order the AG to tell you where Mom lives. You have a right to know. They have her address; they've been mailing your child support money to her.
Serve Mom by publication if you have to (initially). She is a necessary party.