ACTUAL LETTER

by PAULA
(SAN ANTONIO, TEXAS)

I recently filed a complaint with the Attorney General Ombudsman’s on March 23, 2009. I received a letter from Eric Rodriguez dated March 2, 2009 stating that an investigation had already been completed. I called his office and left a voicemail in response to his recent determination letter. I wanted to know how an investigation into my complaint could be done with out talking to me. Eric Rodriguez determined that the amount ordered by the court was indeed appropriate based on the noncustodial parent’s current income.


What if the order wasn’t based on child support guidelines? The noncustodial parent provided the Attorney General with only one pay stub and one W2. I met with Attorney Lucinda Canavan Mantz the morning of the Hearing on March 23, 2009. She suggested she was to be the attorney representing the state and in the best interest of the child.

I asked her many questions for which she answered. I was present when she was questioning the noncustodial parent regarding our Childs health insurance previously ordered by the court in 2004. The noncustodial parent didn’t care about the health of his child then and doesn’t now. I was told by Attorney Lucinda Canavan Mantz that the Attorney General and through the Texas Workforce Commission obtained the noncustodial parent’s income and that is what the Attorney General was going to use to determine the Child Support Modification. The Judge took a recess for lunch and when the court resumed, my name was called, and to my surprise Attorney Koos stood up in the place of Attorney Lucinda Canavan Mantz.

Mr. Koos did not confer with me in the hall before the hearing nor did he introduce himself to me. Had I known he was representing my Childs best interest, I would have asked the court for time so I could have been better prepared. I don’t know if he spoke with the noncustodial parent; it would appear to me that he had because it was acceptable to Mr. Koos that the noncustodial parent failed to hand over the Production of Documents part of the order as it pertains to the Texas Family Code. Mr. Koos said the Production of Documents was only a request. The noncustodial parent is a car salesman and has been with the same employer for many years therefore his pay varies. He receives many perks with his employment like the use of new cars, bonuses, commission, and cash given to him on a gift cards from other dealerships like Drive Time.

When I was before the Judge I was kept out of negations and unable to speak because the Judge kept saying I made my ruling. I stated in open court and for the record that I didn’t understand what was going on. It was as if the noncustodial parent was about to sale a car and the Judge and the Attorney were making a deal.

The fact of the matter is the Attorney General has not helped my child and me at all. The modification increased $6.00 in child support even though it has been five years since the last order. What about the cost of living? What about extra activities teenagers need to help them become well rounded?
Clothing is more expensive? Everything cost more.

The Attorney General didn’t collect the Arrears owed to me since last year. Mr. Koos told the Judge no arrears were owed when in fact there are. The Attorney General did not provided the Judge or me with accurate information as to the Financial Activity Report. The balance numbers do not coincide with the dates on the Administrating Writ of Withholdings and the child support checks received.

I have not received the health insurance information for our daughter and it has been over thirty days. The Attorney General was supposed to receive proof of insurance no later than thirty days as well. Do you have it?

I expected the noncustodial parent to do whatever he could to get out of his responsibility and the job of being a father; however, I did not expect the Attorney General to do the same. I thought it was your responsibility and job to uphold the law in the best interest of my child.

Sec. 154.063. PARTY TO FURNISH INFORMATION. The court shall require a party to:
(1) furnish information sufficient to accurately identify that party’s net resources and ability to pay child support; and
(2) produce copies of income tax returns for the past two years, a financial statement, and current pay stubs. It is pay stubs with a S at the end of the word this would imply more than one
In accordance with the Texas Family Code
Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever feasible, gross income should first be computed on an annual basis and then should be recalculated to determine average monthly gross income.
(b) The Title IV-D agency shall annually promulgate tax charts to compute net monthly income, subtracting from gross income social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

The definition of the word annually is many times a year or recurring in year based intervals.

Until Then I Remain Paula Arias

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NEVER TRUST OAG
by: Anonymous

When my son was 20 or 21 I filed for my son with OAG in Texas. His father, that held a gun to my head and made me flush my birth control down the toilet, only paid the state of Arizona less then $400.00 in child support.Time rolls on and he finally wants to see his son. I left this up to my son. He went down maybe 4 visits. Then came home and said he wasn't going back. He finally told me his Dad's girlfriends son was mean and got away with everything and that his Dad was doing drugs.Then while in prison in Texas 1st time, he inherited a sizeable sum of money. He had been writing his son from prison, saying he wanted to be a part of his life. To use some of the money to get him a car and help him start his own small business. 7 days after he gets out of prison he calls the house, says he'll talk to his son in a couple of weeks. I said talk to him now. He refuses. A month later, he still hasn't talked with his son. He got busted for assault with a deadly weapon(kept wondering when it would catch up). He went back to prison 2nd time. It pissed me off. So I filed for child support with NO intention of keeping any of the money. A lot of good that did. I had a short time to file because my son would be to old. He fought the case from prison, handwriting all legal documents to the court (I.Q.163)I won a judgement against him. Then a couple of months later, they said he had gotten the "judgement" dismissed on a tecnicallity. He requested minutes of the court, they couldn't produce. The state told me they would take care of this by quashing the old order and immediately filing a new order and that I DIDN'T HAVE TO SHOW UP! By then he was on parole.I gave them his SS# and his parole officer's phone#. I made everything easy. They went to court and dropped everything and closed the case. They never told me the case was closed. My son is 35 and visited with his father for the first time in 15 years. His "father" has shown no interest in his 2 beautiful granddaughters or keeping the connection going.....

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Accepting Responsiblity
by: Anonymous

It doesn't matter what the custodial parent is doing, it does NOT negate the responsibility of the non-custodial parent.


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Get A Job
by: Anonymous

Get a job and support your children on your own.

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activity statement
by: Anonymous

first of all i asked for a activity report,since they deducted 8,000 from the non-cust parent.which they did supply me with,after they blacked out the amount they withheld from me til 7 months later.i do think to draw interest against.amazing how the aog says they are their for the child,not.i flipped the report over and could see they pulled the money from the non-cust account and for how much.

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Release the funds, Texas.. come on!
by: Anonymous

Yes, financial obligations for the children should be met. In my case, the father had been paying the minimum for years, actually... his MOTHER made the payments while he traveled the USA, barely made contact or saw his child, then finally attended college to get a medical degree. Now, 6 years after the original order I asked for a review. This brought the monthly payments from 178.00/mo to 667.00/mo. That's wonderful, it helps out a lot... He has really grown up over the years and wants to help out more financially, HOWEVER when he pays more to help out with things like braces, psychological bills, school uniforms or whatever extra expenses.. I do not get these payments. The state of Texas holds them. I, being the custodial parent would really appreciate the extra funds and would love for them to release any credit of payments. You should all check on the actual payment record and payments received. I know for a fact I have not received over 2,800.00 this year. Why would they hold that back, I need help with my child's braces/medical. And by the way, I worked full time, paid for child care, and went without food myself so that my child would never be without. I don't think it too much to ask for the state of Texas to release the funds after finally getting a decent increase, finally he can afford to help out more. I'm at a loss.

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what about the non custodial parents family and needs....not just yours
by: Anonymous

i understand the cost of living and expenses but what about his new family his whole check shouldnt just go to his 1st child i know he is obligated to support his child... yes thats fine but to try and take close to half his check because you want to spend a bunch of money on clothes.. thats where you need to teach your child about income and when there isnt enough there isnt enough we paid 967.11 a month for 2 kids and had 3 of our own.. but she demanded more... of course she is a selfish person who only thinks of shopping and unimportant things.. but even with 3 kids it only went down to 715 after 4 yrs of paying 967.11 what about our expenses? daycare, diapers, formula... we have those as well and we both work... when i was out of work for 6wks getting no pay i still owed her 223.18 a week... it didnt matter that i had no income because it was less than 6mths i didnt get any of that back and this modification we just had i didnt get squat back of what i over paid but yet if i owed her then the attorney general would have take it from me... they could care less about the non custodials problems or economic status.. to me if you cant afford to support your child then they dont need to live with you.. maybe you should be paying the other person child support and have the child live with them...

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Texas ATG
by: Anonymous

I haven't been able to do the States job of locating my son's father so they can send a letter to his employer to have him pay.
This has been going on since my son was born. He is 20 now.
Payment Date Payment Amount Payment Type
06/22/2007 $150.00 Direct Deposit
05/17/2007 $250.00 Direct Deposit
05/07/2007 $200.00 Direct Deposit
04/27/2007 $100.00 Direct Deposit
04/16/2007 $300.00 Direct Deposit
06/30/2004 $227.00 Direct Deposit
06/01/2004 $227.00 Direct Deposit
03/24/2004 $1,500.00 Direct Deposit
12/04/2002 $100.00 Direct Deposit
06/28/2002 $100.15 Direct Deposit
06/24/2002 $100.15 Direct Deposit
06/17/2002 $100.15 Direct Deposit


Arrears
$41,052.57

I've completed a Child Support Evaders form. That just put that in a file. I've called and what they tell me is I need to locate the dad then when I do they send a letter then he moves again. How come they just don't pick him up? Because I'm not on government help. I should have gotten a job with the Texas ATG office to solve my own case.

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What about you?
by: Anonymous

Many times I read about how the non-custodial parents are not doing what they are supposed to be doing here on this site. Almost as often, the custodial parent does not provide any details about what they are doing. Do you have a job? Are you able to get a job or another job with higher pay? Are you doing your part in terms of financial obligations to your children?

I agree that financial obligations regarding children should be met as that is the law in all states. But I do often wonder what the custodial parents are doing for their part. It's not only about getting money from the "other" parent, you know.

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