Shady Collection Activities by TxCSDU

by Keith
(Frisco, TX)

My wife filed for a divorce and we had Temporary Support Orders put in place back in February. All spousal and child support payments were made on time. My wife and I reconciled in July. Collin County closed the Temporary Support Order on May 12, 2011.
The following string of issues regarding the Texas Child Support Disbursal Unit bears further investigation to see if my case is unique or if this is a systematic issue by this Texas State department.

1. When I contacted the Texas Attorney General Child Support Disbursal Unit in early March, I was told to send them the child support and spousal support money but they also said it would take 4-6 weeks to set up the account; they said they couldn't disburse the money to my wife until the account was set up. They also told me that, if I paid my wife directly, my wife could fill out an affadavit of payment at a later time but that they "don't have to approve it even if she does". I paid her directly because she would have had no money for a month-and-a-half if I didn't.

2. The TxCSDU sent me a letter in April stating the amount due per month of $4000 in "Child Support". This amount was inaccurate (Child Support was $1500, Spousal Support was $2500) but the total added up to $4000 so I though it was OK. My wife went to the Plano TxCSDU to fill out the affadavit of payment for child support, which we both thought would also cover the spousal support. The Tx Atty General approved it and we thought all was OK.

3. On May 12th, Collin County closed the Temporary Support Order but neither my wife or I were informed of it.

3. The Tx Atty General then started sending me letters in early stating that I was $10000 behind on "Spousal Support" and, when I contacted them, they told me that the affadavit only covered "Child Support", which was considered fully paid. They were threatening my credit record in the letter. My wife went to their office 2-3 times to try to correct the situation but I kept gettting letters.

4. My wife and I reconciled in mid-July and she went to TxCSDU office in early August to close the account. TxCSDU gave her a letter stating they would no longer pursue collection.

5. In mid-August, the Tx Atty General sent a letter to my employer to garnish my wages for child support ($1500 a month). I discovered this while reviewing my September pay stub. My wife confirmed that the funds had been deposited on her payment card.

6. On September 15th or thereabouts, my wife and I went to the Plano TxCSDU office together. The employee agreed with our case and gave us a copy of a "Stop Payment" letter to my employer from the Tx Atty General. The employee promised to fax it to my employer...the employee did not. My employer has not received a fax and garnishment continues on a bi-monthly basis but my wife only receives funds on the 15th of each month.

In summary, the Tx CSDU has been quick to take action against me even though I was making all payments. They have ignored correcting any mistakes and continue to take action against me even though my wife and I have reconciled, informed them of the reconciliation, requested further collections by them to stop, and received acknowledgements that they would stop. Furthermore, they ceased to have jurisdiction on the case as of May 12th and have given me a letter to show that they do not have any enforcement rights. At no time have they complied with the Due Process Clause of the 14th Amendment to the Constitution.

I feel that the TxCSDU has a vital mission; however, through neglectful (hopefully not nefarious) means they have continued to harass me in the face of all evidence to the contrary. I realize that there are some sad cases where parents are not meeting their obligations, but this is not the case for us.

We do not seek to go to court but would like them to do what they have written/said/promised they would do. If this is a case of failed management, then it needs to be corrected.

My suspicion is that the State of Texas gets Federal Funds based on what they collect and that they systematically refuse to stop collections by inaction. See link below:
http://www.eagleforum.org/column/2005/may05/05-05-11.html

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Why should you have to pay a penny in "support" to begin with?
by: Dan

Keith,

I am not sure whether to congratulate your wife and you for working it out...and even if it is less than optimum for you...as a man at least you will be in a position to see and raise your child(ren)...so that is a choice many a man would make these days when faced with the alternative.

However, if your wife filed for divorce, why should you have had to pay her a penny in either child support or "spousal support" as long as you were perfectly willing to take care of the kid(s) at least 50% of the time?

And since she filed why should you have to support her in any way financially for even one second?

Presumably, you did not want the divorce, since you did not file and cared enough to give her money directly even at risk you would not get credit for it.

Men are their own worse enemies and should refuse to pay this extortion and demand 50/50 joint custody with no payment either way.

The only way a man should have to pay support is if he is unwilling to take the kid(s) 50% of the time, and the only way a man should have to pay spousal support is if by their mutual agreement she was a stay at home mom/homemaker, has no marketable skills AND he filed the divorce.

Even then it should be for no longer than 1 year and she needs to get a job immediately.

If this was law...divorce would plummet because woman file most divorces and they overwhelmingly do so because they get the kids, the tax benefits and a big chunk of Dad's money.

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Remember that
by: Anonymous

individuals who are employed professionally are RESPONSIBLE for their own actions.

This true in government and in any business. As soon as the "employee" has been informed of a situation they MUST act in accordance with the law regarding that. If they do NOT act accordingly, and instead violate state laws, your rights under law or constitution (state or federal), they become personally liable for each action that harms you.

There is NO law that keeps you from suing or collecting damages from ANY elected or employed person in ANY level of government or even non-profit/private industry.

Yes, the laws state that you can not sue them for doing their job, however their job does NOT include committing a crime or violation of your rights.


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GET $$ BACK
by: Anonymous

That is exactly why they refuse to stop collecting.

Here is what you can do:

1. Find out who the individuals are dealing with your case and their supervisors.

2. Find what assistant attorney and judge worked with you case.

3. After compiling the information on these people, search for any property they may own. Serve them a notice of each time you demanded relief and put a price on each instance. Give them 20 days to respond. They won't...

4.File liens on all property and surety bonds to include the assistant states attorney and Judge who made the orders.

5. They will respond by affidavit of vexation. As long as you can prove you made an effort you should win.

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