Texas child support laws, criminal and civil liability for back child support

CHILD SUPPORT: I've been divorced to nearly 18 years, my son is 22 and I've never received child support. I've had the child support division of the Atty General Office involved and still nothing. Last year we were summoned to court and he was told that he owed me around $50,000 in back child support. He was asked how he was going to start paying it. He said that he had a building that he was living in that he could sell. He didn't have to sign anything and he has never sold it. He's been in trouble with the law off and on for many years. Right now the court records web site there is an entry for a Forfeiture due 11/28. I am assuming that means the state is going to seize any property he has. If this is right, what my question is, can I go to the courts and tell them that property should go to me for back child support. The twist is, his property and legal problems are in Oklahoma, our divorce was in Texas. Do I have rights to this property and will I need a lawyer. - Is this your question? Add additional information
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Deanna L. Siegel

Deanna L. Siegel

Contributor Level 6
The Attorney General's Office in Texas deals with interstate child support cases such as yours. Interstate cases are governed by the Uniforrm Interstate Family Support Act (UIFSA), which is a federal law that all of the states follow to deal with support cases when the parties reside in different states. From what you are saying it sounds as though your local child support office contacted the AG's office to seek assistance in collecting money from your ex because of his failure to pay and someone locating him in Oklahoma. I would recommend that you first contact your caseworker at your local child support unit and inquire about the status of the case, ask who is handling the case at the AG's office so that you may speak with them as well. If your local support collection unit cannot or will not give you this information, call the AG's office and ask to speak to their interstate support unit. You want to find the worker that has your case, and inquire as to the status. You may not actually speak to the caseworker who handles your case, but with a person who deals with all of the incoming calls. You will likely need some basic information about your case such as your social security number, his social security number (if you have it), your address, his address, your child's date of birth, etc. You should inquire about the status of the case, when is it next going to be heard in Oklahoma, if you can appear in the case by telephone, can they provide you with a copy of the paperwork. They may not be able to give you the information you seek on your first call, but someone should get back to you with the information. When you call ask for the name of the person you are talking to and keep notes of what they tell you so that you can go back to this information later, if you need to. Based on what you are saying here I would believe that the forfeiture proceeding is at least the beginning of the process to secure assets of his to pay off his debt to you for child support. It does not mean that the money will come right away, because the forfeiture process may be somewhat lengthy, and will require a sale of the property. Generally even if the property sells, it may not cover all that he owes. You also should know there will be costs (for example: service of process, advertising costs for the sale) associated with any seizure and sale that will come out of the money that is received in a sale before you receive what is due to you.
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