Tuesday Tips: Don't Contact the Attorney General Without having Your Own Attorney!

In Texas, and many other states, the state Attorney General is very involved in collecting child support.  This activity is a result of a number of federal statutes that have given the AG the power to take various actions to assure that child support is being paid and is paid in the proper amount.

Although the AG technically does not represent either parent in child support matters, they are hardly neutral.  In reality, the parent receiving child support has a strong ally in the AG.  Their interests tend to coincide.
 
In addition, the Attorney General has certain responsibilities, ordered by federal and state laws, that they follow up on in most cases.  They often follow predetermined steps when a case is opened up.

Over the years, I have had several clients come to me after their contacted the AG on their own or responded on their own when the AG contacted them.  They came because there were problems.

Here are some potential problems when the paying party goes to the Attorney General:

1.  You probably don't know what you are doing, while the AG knows the law, their regulations and their procedures.  You may agree to something without knowing the consequences. Or, because no one was looking out for your interests,  you may not do something that you could have done to help yourself and save yourself money.
2.  When you go to the AG for help, they will probably open a file, but  they won't necessarily help YOU.  You are not their client.  They are not neutral in a helpful sense to you.
3.  You can start a chain reaction of events that leads to the opposite result of what you were seeking.  For example, your child support could be increased, you could be found in contempt and you might end up paying your ex-spouse's attorney's fees and costs.

The safest course of action is to spend a little money up front, have an attorney review your situation before you communicate with the AG. Then use your attorney if you take action regarding the child support.  Don't depend on the Attorney General to help you.  It's not their job.

An Expensive Way to Save Money

When the Texas Attorney General's Office gets involved in a family law matter, you better be prepared to defend yourself.  The AG will not represent mother or father officially, but can tilt the scales in favor or one side or the other.  When the AG is involved, you need your own attorney.

The Attorney General is required to act in some circumstances to collect child support, establish parent-child relationships (paternity), make sure medical support is provided for children, re-coup state money that may have been paid to a parent or child and modify child support orders, among other things.  The AG acts under federal and state law.

Important rights and obligations are affected by actions in court initiated by the AG.  Parental rights are assigned to parents, including custody, the powers to make educational, medical and residence decisions, and possession  (visitation) schedules.  Retroactive and future child support are ordered.  Judgments are granted for past-due child support.

Parents and alleged parents sometimes receive various notices from the AG about some of the issues mentioned above.   You may be required to appear in court or you may be notified to come to the AG's office to negotiate an agreement for paternity and support, or just support.

If you receive such a notice from the AG, don't ignore it.  You need to immediately hire an attorney and prepare for court or negotiations.

You are mistaken if you think the AG will spend a lot of time with you, listen impartially to your side of the story or take time to develop a special possession schedule for your special circumstances.  The Attorney General has thousands of cases and is understaffed.  They will efficiently deal with your case like they deal with thousands of others, unless you have an attorney present to help you.

If you think you can't afford to pay an attorney, shop around for a less expensive one.

Without an attorney, you can end up with the wrong amount of child support, a terrible visitation schedule and without the rights and powers of a parent that are important to you.  You may have lost custody without realizing what you were agreeing to.

Without an attorney, there is a lot of pressure to settle and sign.  That same pressure is there when you have an attorney, but then you have someone who can slow things down and do it right.

Don't think you get a "do-over".  If you make a deal with the AG and it's written up as a court order, it will be quickly signed by a Judge and it will be very hard and EXPENSIVE to undo, if you are even able to do so.

Bottom line:  You need to spend a little money to protect yourself and your children.  It will save you money in the long run!