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How do I file a motion to reopen a case? and file a complaint against the court clerk?

Houston, TX |
Filed under: Family law

I was the CP for over 16 yrs but the ncp filed for custody. During the custody hearing the judge awarded the ncp custody but no child suppt. The ncp who is now the cp waited less than a year and went to the OAG and opened a case for support, the first time it was dismissed. so the cp went back and the Oag filed again, i filed an general denial answer and the court clerk did not image my general denial at all so the court granted the temp order. I did everything I was suppose to do and was awaiting my date in court but because of a clerk's error I'm being punished. Our child graduated from high school last month. There was no substantial change and the cp has been hiding money for years in a trust account while I had custody. What can I do?

I do have the time stamped answer but the clerk didn't sign her name on it. I was on the phone with the court clerk and the intake person back and forth for over three days and she finally got in scanned but then the court tells me I have to file a motion to reopen the case at a 4d court. Our daughter turned 19 in April but she didn't graduate high school until June 9, 2013. according to the docs I have it's back child support from Dec 2012 until now. She started working in Nov 2012, and that's what I was going to tell the judge but I didn't even get the chance to. How do I get it back to family court?

Attorney Answers 3

Posted

Do you have a file stamped copy of the general denial answer you filed. if so you are safe. Just file the copy with the court. The court's recognize the imaging system is faulty. It's your responsibility to have a copy of the file stamped copy in your possession.

The custodial parent can only go back to the last court order to ask for child support.

The issue regarding while you had custody is irrelevant. You had the opportunity to ask for child support and you did not ask. It's a moot point now.

If the child is over the age of 18 and out of high school, this case is moot. You don't state how old the child is. The child is out of high school so one of the grounds of support has occurred.

Get the case out of TX A G court. I'd want to be back in District Family Court.
I'd hire an attorney pronto.

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Posted

You need to hire an attorney. i am open Friday and Saturday.

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Posted

If Temporary Orders are all that were entered, file a Motion to Reconsider (or Reopen, if that is how the local clerk referred to it). Get it set for hearing. Explain to the OAG and the judge what you told us. Since it was Temporary Orders, the court can simply "undo" it.

It sounds like the dispute is over seven months of support (December 2012 - June 2013). There is no question you would be better off with an attorney. It is your decision whether you are better off spending that money to get out of owing that money. Remember, owing past due child support has a lot of negative ramifications.

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