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jwh1837 · Oct 9, 2009, 05:34 AM

I'm paying $667 childsupport per month out of my disability and trying to live on $740 per month for a son in his mid 20's and one 30 years old and both with their own families. When I became disabled my wife received checks from social security for several years that did not go through the child support bureau. The attorney general's office saw that and automatically started sending my ex-wife half my income. She and I agreed there was a mistake and she signed and gave me the first two checks she received. When she found out it would take her to stop the payments she told them that I owed her $3,000. I left court with a judgement over $120,000 dollars. Then the attorney generals just automatically started taking an additional $217.00 per month without court involvement. I asked Mr. Raymond with the attorney general's office why they did that and his simple answer was, "Because We Can!" I asked why they do that when the judge set the payment at $450 per month and he told me they don't have to do what the judge says that he just sets.

Please help me. I have been diaognosed with prostate cancer and I am suppose to start radiation treatments 5 days a week for nine weeks but can't because I can't afford the gas to go.

cdad · Oct 9, 2009, 01:12 PM

What state is this and how did you go from 3,000 to 120,000 ?

What was it that the judge ordered ?

jwh1837 · Oct 9, 2009, 02:11 PM

Texas. The whole thing was originated by the attorney general's office because they saw no money had been paid through the child support bureau. Both my boys were older than 18 by this time. They are now 25 and 30. My ex-wife didn't contact the attorney general's office because she was receiving checks from social security disability and I was giving her what money I could through the years and doing all that I could to help. She didn't field I owed her anything. The AG started sending her half of my disability check until it went to court. I couldn't stop any of it and in the mean time my trailer was repossessed, I lost my life insurance and many other things. I ended up selling everything I had and moved in with my mother. When my ex found out it would take her going the AG's office and sign a paper to stop it she told them that I owed her $3,000. I didn't but you'd have to know my ex-wife and she thought it would be an opportunity to get some money. Since none of the money paid after my disability went through the child support bureau they counted that as none paid for those years and based it on what I was paying while working instead of based on my disability income. The judge didn't count any of the social security payments to her so I left court owing her over $100,000. The judge set it at $450 per month but after a few months the AG automatically raised it another $217.50 When I asked them why they did that the answer was, “Because we can!”

They don't have to do what the judge says, that's just a guide line. I can't afford an attorney to appeal it and I can't buy my medications or anything else and now I can't afford to go to the radiation treatments.

I was a cub scout, a boy scout, played little league baseball, graduated high school, joined the Navy and became a Corpsman served with the Marines in Vietnam, came home and got an associates degree in law enforcement and became a cop then the last thing I did was an EMT with a busy 911 EMS service. I've saved lives and helped people all my life and I use to be proud of this country. Now I feel like I'm living in a third would country with no rights.

cdad · Oct 9, 2009, 02:32 PM

Was there ever a previous order from the courts for child support ? Did you get that order modified if there was one after you became disabled ?

jwh1837 · Oct 9, 2009, 05:02 PM

Yes there was a order for a higher amount based on what I was making at the time. No I didn't get it modified because I didn't know to and my ex-wife didn't know either and excepted the social security payments. That's why she never complained to the AG's office and thought I was paid up. I guess I'm guilty of the "ignorance of the law is not a defense!"

I spent a lot of money on my boys and she knows that. I bought them both trucks as I could and more. I'm not a dead beat Dad and do not deserve this. I hope you can help

cdad · Oct 10, 2009, 12:59 PM

The problem is you never had it modified after you became disabled. It put you in arrears and that's where the problem is. When you have arrears then they can collect more then they can as normal child support. You really need a good lawyer to help you straighten this out or to have your ex sign off on it.