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Court Lifts Texas OAG Suspension of Driver’s License for Failure to Pay Child Support

Court Lifts Texas OAG Suspension of Driver’s License for Failure to Pay Child Support

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Originally published by Kelly McClure.

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The Texas Office of the Attorney General (OAG) is responsible for certain child support services, including collecting and enforcing Texas child support orders.  Recipients of certain public assistance programs may automatically qualify for the OAG’s child support services, but others have to apply for the services.  The OAG has a variety of ways to enforce child support, including filing liens, issuing writs of withholdings to the parent’s employer, suspending driver’s licenses, and intercepting tax refunds or other money from state or federal sources.

In a recent case, a father challenged the OAG’s enforcement actions against him.  The father was ordered to pay child support beginning in December 1996.  The court also issued an Order Enforcing Child Support Obligation in October 1999, including a cumulative money judgment for $15,000 plus interest against the father in favor of the Attorney General.

In 2015, the OAG sent a notice of child support lien to the father’s bank and issued administrative writs of withholding to his employers.  The OAG also filed a petition with the State Office of Administrative Hearings for the father’s driver’s license suspension.

 

The father filed a motion alleging the OAG violated provisions of the Texas Family Code because it failed to obtain a cumulative money judgment within 10 years of the child becoming an adult.  The OAG did not appear at the hearing.  The trial court lifted the driver’s license suspension, rescinded the writs of withholding, declared the child support liens void, and ordered no further wage withholding.

The OAG filed a restricted appeal.  The OAG argued the trial court did not have subject matter jurisdiction over the driver’s license suspension because the relevant statute required the father to file his petition for review in Travis County district court.  A proceeding regarding the suspension of a parent’s driver’s license for failure to pay child support is governed by the Administrative Procedure Act.  The Administrative Procedure Act requires a person seeking judicial review of a contested case to file the petition in a Travis County district court unless another statute provides otherwise.  TEX. GOV’T CODE ANN. § 2001.176.

The father did not file his petition in a Travis County district court.  The OAG argued that the trial court did not have subject matter jurisdiction over the issue.  The appeals court, however, found that that the statute did not grant Travis County district court with exclusive jurisdiction, but instead provided a mandatory venue.  Mandatory venue, the court noted, may be waived if a party fails to make a timely objection.  The OAG had not made a timely objection.

The OAG also argued the trial court had exceeded its subject matter jurisdiction in enjoining additional administrative writs of withholding.  Under TEX. GOV’T CODE ANN. § 22.002(c), only the Texas supreme court has the authority to issue a writ of mandamus or injunction against an officer of Texas’s executive departments to order or compel performance of a duty state law authorizes the officer to perform.  The appeals court noted  the OAG is an officer of the executive department and is authorized to enforce and collect child support through administrative writs of withholding.  Thus, only the supreme court could enjoin the OAG from issuing such writs in this case.  The appeals court found that the portion of the order stating that “no further wages be withheld in this cause…” constituted an injunction.

The appeals court vacated the part of the trial court’s order that enjoined the OAG from issuing additional administrative writs of withholding and affirmed the rest of the order.

The OAG will become involved in certain cases involving public assistance.  Although parents in other cases may seek the OAG’s assistance, parents should be aware of what OAG enforcement entails.  Once the OAG is involved, the parents are not able to choose which enforcement actions will be taken.  If you are facing a child support issue, an experienced Texas child support attorney can help you consider your options and protect your rights.  Call McClure Law Group at 214.692.8200 to set up an appointment.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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taking control of your divorce

Taking Control Of Your Divorce: Shouldn’t You Be In The Driver’s Seat?

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taking control of your divorce

 

“He left with no notice. I had no idea he even wanted a divorce but I will be fine. I’ve hired a divorce attorney, one with vast experience in family law and I know he will take care of me and my legal rights.”

I recently heard these words from a therapy client I’m working with. She has an attorney and, in her mind, she will be “fine.” It’s a thought process shared by many going through the divorce process. It is also the first mistake most couples going through a divorce make.

Giving over control of their welfare to someone who isn’t an expert in them and their needs.

Divorce attorneys are experts in family law. They are not experts in finance, real estate, taxes, insurance, disabilities and any other issue that may be particular to your case. They are not experts trained in how to handle the personal needs of every divorcing client they contract with.

Every divorce has its own particular issues and if you, the client isn’t in the driver’s seat your future may wind up in the ditch.

In your everyday life, how often do you give over control of how your day goes to someone else? You don’t do it in everyday life, and you shouldn’t do it during divorce. To do so will mean negative consequences for you, your spouse and your children.

The LAST thing you want is a divorce attorney and Family Court judge deciding how you will live your life once the ink dries on the divorce decree.

Taking Control Of Your Divorce

Why People Give Up Control:

It’s a story I hear often. Someone has been left due to infidelity or, one or the other spouse drop the divorce bomb unexpectedly. People become angry, afraid and out to exact revenge and lose the ability to act in their own best interest.

They hire a divorce attorney; one they believe will be sympathetic to what they are experiencing and they wait for their “day in court.” In other words, most people give up control to an attorney because they are under the assumption that fairness wins out in Family Court.

If a divorce case goes to court a judge will make decisions on legally relevant facts of the case and not on what is important to you, the litigant, or what you think is right and wrong.

How To Stay In The Driver’s Seat:

1. Hire an attorney to advise you on the legal aspect of your case. Negotiate with your spouse on personal and financial issues that will affect you both post-divorce. As adults, you can drive the process and together decide what direction you go in with issues such as splitting marital assets, child custody and visitation and spousal support. It is possible to negotiate a fair divorce settlement without interference from your attorney or a Family Court judge.

2. If your attorney advises you on an issue you don’t have to take their advice. If your attorney suggests you accept a settlement offer that you don’t believe is in your best interest you have the right to explore other options. It isn’t uncommon for divorce attorneys to make mistakes or, encourage a client to accept a settlement that is not fair in an attempt to get the case off their desk. A divorce attorney is someone you consult with, they are not someone you have to allow to make decisions for you.

3. Seek outside help if you feel your attorney is in over their head. For example, if you and your spouse own a business you may want to hire a forensic accountant to advise you on how that marital asset should be split. There are many issues during divorce that may require input from an outside resource. Don’t be afraid to seek help if you aren’t sure and don’t be intimidated by an attorney who tries to limit your attempts to protect yourself.

4. Check your emotions! If you allow anger or hurt feelings to guide how you react to divorce you won’t make productive decisions. In other words, emotionally charged people rarely stay in the driver’s seat during divorce.

Take the high road, don’t allow your emotions to cause you to do anything that will one day reflect negatively upon you or have detrimental effects on your financial future.

The post Taking Control Of Your Divorce: Shouldn’t You Be In The Driver’s Seat? appeared first on Divorced Moms.

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