Shady Collection Activities by TxCSDU
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: