The Office of the Attorney General has broad powers to file a child support action. These powers include filing a new case, filing a suit for modification, or a suit for enforcement. However, as we’ve discussed before, there are special provisions when child support for adult disabled children is the issue.
In a recent case the Attorney General filed a suit to modify the child support obligation of a Harris County father for the benefit of his two disabled children who were each no longer under the age of 18. The father’s child support attorney reviewed the law and challenged the authority of the Attorney General to file the child support modification lawsuit.
The Texas Family Code specifically outlines which individuals have the authority to file a lawsuit for child support for adult disabled children. These individuals are:
- a parent of the child or another person having physical custody or guardianship of the child under a court order; or
- the child if the child: (a) is 18 years of age or older; (b) does not have a mental disability; and (c) is determined by the court to be capable of managing the child’s financial affairs.
The statute does not mention the Attorney General and after careful consideration the court found that the Attorney General does not have inherent authority to file a lawsuit concerning child support for an adult disabled child. The outcome may have been different if an individual who did have proper authority assigned their rights to the Attorney General.
This case is an important reminder that the Attorney General makes mistakes and even they are not above the law. If you want something done right then consider an experienced child support lawyer. Contact us today at (832) 592-7913 if you need legal help with your Montgomery County child support case.
If you would like additional information, check out our free Woodlands Divorce Guide.
You have to prove your case. At the end of the day no matter how many horrible accusations are traded between you and your ex it is your Woodlands Divorce Attorney’s job to prove your case with the evidence. If a certain piece of evidence is not legally admissible then it cannot be used to prove your case or used against you. Hearsay evidence is generally not allowed, even in a Woodlands divorce case and even if the evidence is offered by the Attorney General. In a recent child support case a trial court allowed hearsay evidence from the Attorney General’s office, but did not exclude it under a narrow exception to the hearsay rules. Let’s take a closer look at what happened.
The Arguments on Appeal
The father in this was is A.J. A.J. argues that the trial court admitted inadmissible hearsay to prove his 2004–2007 earnings for the purpose of calculating child support. The Attorney General argues that Hardy can testify on the basis of hearsay sources because she qualifies as an expert per the Texas Rules of Evidence.
The Court’s Analysis
The trial court found where the parties have adequately complied with their discovery obligations, experts can generally testify regarding their opinions and give the reasons they hold their opinions without prior disclosure of facts or underlying data, unless the court orders otherwise. Trial courts are Read more…
The Attorney General has some enforcement authority to pursue assets to satisfy child support obligations. Sometimes they go too far.
In The Interest of R.C.T. 2009-TX-0408.559 gives us an example of when a Texas Attorney General goes too far to collect assets for child support. In the case, the husband and wife agreed to a figure of $9,024 that the husband owed in retroactive child support. The Court also approved an agreement for the husband to repay the retroactive support by monthly installments of $150. The Attorney General was not satisfied with this resolution.
The Attorney General did not want to wait for monthly installments of $150. After the Court approved the order, the Attorney General Read more…
The Office of the Attorney General has broad powers to file a child support action. These powers include filing a new case, filing a suit for modification, or a suit for enforcement. However, as we’ve discussed before, there are special provisions when child support for adult disabled children is the issue.
