Hi all,

Can the OAG suspend a person's driver's license and revoke passport without going to court?

I have a child support arrearage only case with the Texas OAG due to step-parent adoption. The OAG calls our case "inactive" since there is no current support order but only arrears.

When I requested enforcement of back child support, my ex failed to do so so the OAG took my ex to court to "confirm arreage" and set up a lump sum payment and a monthly payment plan.

Now a year later from the last court date, my ex still hasn't paid full amount ($350/month). His paycheck has been garnished about for $12/month (he's a waiter).

Because it is more than 2 years from ending date of child support(the date step-parent adoption was granted -March 06), the OAG said that they will no longer take him to court. If I want it to be enforced, I have to do it(pro-se or with private attorney). They will, however, continue to garnish his paycheck, income tax return interception, etc.
The rep who I spoke to also said that my ex's drivers' license and passport are flagged (not to be renewed).

Can the OAG suspend my ex's license without going to court?

Hi all,

Can the OAG suspend a person's driver's license and revoke passport without going to court?

I have a child support arrearage only case with the Texas OAG due to step-parent adoption. The OAG calls our case "inactive" since there is no current support order but only arrears.

When I requested enforcement of back child support, my ex failed to do so so the OAG took my ex to court to "confirm arreage" and set up a lump sum payment and a monthly payment plan.

Now a year later from the last court date, my ex still hasn't paid full amount ($350/month). His paycheck has been garnished about for $12/month (he's a waiter).

Because it is more than 2 years from ending date of child support(the date step-parent adoption was granted -March 06), the OAG said that they will no longer take him to court. If I want it to be enforced, I have to do it(pro-se or with private attorney). They will, however, continue to garnish his paycheck, income tax return interception, etc.
The rep who I spoke to also said that my ex's drivers' license and passport are flagged (not to be renewed).

Can the OAG suspend my ex's license without going to court?

Yes, the OAG can suspend a DL and passport without going to court. Basically it works like this-

As long as there is a court order for support, or payment of arrears in this case, that court order is the only thing needed to suspend a DL and passport.
A DL can be suspended for any amount of arrears, but a passport can not be, unless the arrears are at least $2,500 or greater.

You can file in court for contempt pro-se. All you'll need is a copy of the court order and a copy of the payment record. It is then up to your ex to prove in court that there were valid reasons for not paying.

Xena,

Thanks for your reply. I wonder the OAG already suspended his license and passport? They just said "they're flagged."

I am looking into filing a contempt. Will the judge do anything because his rights were terminated and there is no ongoing support. He owes about $31k now.

I appreciate your input!

Xena,

Thanks for your reply. I wonder the OAG already suspended his license and passport? They just said "they're flagged."

I am looking into filing a contempt. Will the judge do anything because his rights were terminated and there is no ongoing support. He owes about $31k now.

I appreciate your input!

They might have suspended his license, but they are the only ones that can confirm that.

Is there a specific order for payment of the arrears? If not, speak to the OAG about filing for a specific order, it will help alot.

Yes, his arreage was confirmed and there is a court order for lump sum payment within 30days from the court date (May 2007) and a payment plan per month(about $350/month). He ignored both orders and also changed his jobs without notifying the OAG. Finally they found his new employer in Feb 2008 and his check has been garnished (ONLY $12/month). The OAG said that now he's calling to say he can't pay $350/mo. Let's not forget that he doesn't even work 40 hrs/wk...

Yes, his arreage was confirmed and there is a court order for lump sum payment within 30days from the court date (May 2007) and a payment plan per month(about $350/month). He ignored both orders and also changed his jobs without notifying the OAG. Finally they found his new employer in Feb 2008 and his check has been garnished (ONLY $12/month). The OAG said that now he's calling to say he can't pay $350/mo. Let's not forget that he doesn't even work 40 hrs/wk...

Go ahead and file for contempt. He will have to have some very good reasons for not paying, such as illness, injury, layoff, or any other involuntary reason for not paying. If he can't prove that, he will, or should be found in contempt.