My fiancé has a hearing scheduled this month for a enforcement/modification of support. When he initially obtained his job almost a year and a half ago apparently there were some miscommunications that prevented his employer to send payments right away. Now a year later the OAG's office has served me with an enforcement/modification order. Only issue is child support is being paid and has been being paid. The OAG's office has stated that they are willing to drop the issue and leave everything as is since it has not even been 2 years since my divorce. However they state to me that they have to also have my ex in agreement to drop the enforcement/modification as well?!! Of course she is not willing to do that. My issue is that my ex uses the OAG as a harassment tactic against me. Plz help
I believe State of Texas and its OAG employee enjoy sovereign immunity from frivolous suit, but this is not an authoritative opinion on that. Attorneys with special knowledge of Texas Tort Claims law are the best source for your question. A better approach to me is to communicate directly with OAG staff and to get them to revisit the situation or get a private family law attorney if possible to advocate for your personally to their office about the other party's motives and actions.
It sounds like there are accrued arrearages from his employer not garnishing support immediately. The arrearages will accrue interest and increase the amount of back child support owed until he catches up. The OAG represents the child's interest in getting that support. The OAG does not represent mom or dad, so to dismiss the court proceedings, both parents must agree. The arrearage amount will still be on the non custodial parent's "record" unless the custodial parent agrees to waive or forgive that amount.
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The child support office is immune from attorney fees. They rely heavily on information from the parties to file lawsuits. I agree that many people use the child support office to harass but the child support office will not be held liable unless you can show they actually did something wrong. You can file an answer and ask for attorney fees from the other party but child support will likely not be ordered to pay anything. I have several people come and hire me for the exact reason you are referring to.
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