Hello I am from Texas and i am divorced with one daughter that i pay C/S on with no problems and currently remarried.

aboout 2 months ago i received an (1) served @ 6 am to appear in court about my c/s case no big deal i showed and its on record...

about 20 days later i received a letter in the mail about another child support case from another county telling me since i didnt show up in there court so i was presumed the father of this child from another woman that was born in 04. I called and they said i was served in the exact same morning as i was served my current childs case i explained to them that was not served with 2 sets of papers and my wife was a witness. They have been completely unhelpful and i cant afford an attorney. Thus they have claimed about 4000.00 in back child support and put it on my credit and demand my employer to garnish 440 a month from my paycheck. I have not even had the chance to fight this at all i cant get any help. if i get the paternity test done and if its mine ill have no problem taking responsibility but im on the verge of being sterile and i dont see the one time we and this woman had sex that this child is mine, i just want the test bvy the courts and the Attorney General off my case i cant even file my taxes right now or they will take my refund...
Please Help!!!!

I would love to know this too, My bf was served pappers last year but when he called the Attorney general office they said they would set up a court date since he doenst know if this kid is his either and he was never notified of a court date to show he called to ask for paternity to be proven and he did this before his 20 days were up but when he called they told him that it was already to late they named him in default without notice to him So he is paying for kids he doesnt know for sure are his
They said that someone can post a notice in the paper and that is all they have to do WHo reads the paper anymore,,, He cant afford the thousands an attorney wants either
Good luck to you also

First off I would call the county it is in and request athe papers that were supposed to be served the same time you were served with your prior papers. Did you have to sign a document that you recieved theese papers? Second were you aware of this child pssibly being yours? Caculate back in time were you with this mother at the time on or about? I suggest getting a lawyer ASAP

First off I would call the county it is in and request athe papers that were supposed to be served the same time you were served with your prior papers. Did you have to sign a document that you recieved theese papers? Second were you aware of this child pssibly being yours? Caculate back in time were you with this mother at the time on or about? I suggest getting a lawyer ASAP

I do have the papers and when i did call the county they said " Yes Sir you were served" but i did receive papers in the mail after the fact but it was to late i was in default...
I talked to a lawyer yesterday and he said i need to file somthing of remission but he wont re-tell me the exact paperwork to file unless i hire him.. i cant afford a lawyer ... and yes i did have sexual relations with this woman in within a 4 month span i just dont remember if it was exactly 9 months prior, so there is a 50% probability... but i only have one child and it took 6 years of trying to have her because i have an extremely low sperm count and my ex-wife is very fertile...
I Just need to know what i need to file with the courts to get the case re-opened i guess....

I don't know to much about the laws but I would go down and speak with someone personaly and get the paper work started ASAP and request a paternity test even if you have to pay for it. I would not put this off. I would go down there today the longer you wait the worse it will get.

I guess i would just like to know if anyone can tell me what i need to file to re-open this the lawyer said i needed to file somthing called like " *** of remission"

Call the courthouse and ask them if you were to file pro se I think you would need to file contesting the previous filings I do have an attorney here that is really good about answering questions if you were to email me i can give you her information
We are in the same boat as yourself So I understand the urgency how old is the child?

child was born 05/2004

Well i can tell you the baby was concieved around eary Sept. I know someone that had there baby may 28 2004 and concieved on Sept 13 2003

Dealing with the Texas Attorney Generals office is very trying. It would be much easier and much more pleasurable to say, give a mountain lion a bath or pull out your fingernails one by one with a pair of pliers!

But, unfortunatly, you don't have a choice.

FilteR:
You're going to have to call the county clerk in the 2nd case, it's even better is you can go in person. You need a copy of any and all paperwork filed regarding this case. (Once you get the orders, if you let me know EXACTLY what has been filed, I can give you better advice on what to do next.)
Next, call the AG's office. Ask to speak with an ATTORNEY. DO NOT even bother trying to work with one of the "case managers". Most of them have no legal background and are not trained well enough to effectivly do their job. Inform them that you need EXACT instructions on filing a complaint against their office due to the fact they have not followed the proper legal procedure in the case in question. Missing ONE hearing is not enough to have paternity established by default in Texas. The hearing should have been rescheduled for 60 days due to the fact they did not follow the legal guidelines for service of notice to appear in the case. Request a DNA paternity test be performed within no more than 60 days.

They will argue with you, tell you they don't have to do any of these things, deny the fact they they didn't follow procedure and on and on. NOTHING is easy with these people. YOU have to be persistant. Call them EVERYDAY, TWICE A DAY if need be. Email them the same requests, daily. DO NOT talk to the same person in the AG's office. If you don't get a satisfactory response from the first person you talk to, demand to speak with the supervisor, keep going higher up the ladder until they finally listen or until you have to call Austin to speak with Greg Abbot. Explain to them that you are sending all of this information to your state and federal legislators and send it to them. Write letters to the newspaper, post it on a billboard. MAKE NOISE! That is the ONLY thing they respond to. Just make sure you keep it professional. DO NOT lose your temper or let emotions get in the way. If they tell you they did follow the law or the law says they can't do what you are asking, MAKE them tell you EXACTLY WHAT law they are talking about! 10 to 1, they are just giving you the standard response they have been trained to give. If they do give you the ACTUAL TEXAS FAMILY CODE that deals with what you are asking for, come back here and post the info they give you.

Botton line, it's not easy to deal with the AG when you have an attorney. It is ALMOST impossible without one. But it can be done, ti just takes alot of work.

Dealing with the Texas Attorney Generals office is very trying. It would be much easier and much more pleasurable to say, give a mountain lion a bath or pull out your fingernails one by one with a pair of pliers!

But, unfortunatly, you don't have a choice.

FilteR:
You're going to have to call the county clerk in the 2nd case, it's even better is you can go in person. You need a copy of any and all paperwork filed regarding this case. (Once you get the orders, if you let me know EXACTLY what has been filed, I can give you better advice on what to do next.)
Next, call the AG's office. Ask to speak with an ATTORNEY. DO NOT even bother trying to work with one of the "case managers". Most of them have no legal background and are not trained well enough to effectivly do their job. Inform them that you need EXACT instructions on filing a complaint against their office due to the fact they have not followed the proper legal procedure in the case in question. Missing ONE hearing is not enough to have paternity established by default in Texas. The hearing should have been rescheduled for 60 days due to the fact they did not follow the legal guidelines for service of notice to appear in the case. Request a DNA paternity test be performed within no more than 60 days.

They will argue with you, tell you they don't have to do any of these things, deny the fact they they didn't follow procedure and on and on. NOTHING is easy with these people. YOU have to be persistant. Call them EVERYDAY, TWICE A DAY if need be. Email them the same requests, daily. DO NOT talk to the same person in the AG's office. If you don't get a satisfactory response from the first person you talk to, demand to speak with the supervisor, keep going higher up the ladder until they finally listen or until you have to call Austin to speak with Greg Abbot. Explain to them that you are sending all of this information to your state and federal legislators and send it to them. Write letters to the newspaper, post it on a billboard. MAKE NOISE! That is the ONLY thing they respond to. Just make sure you keep it professional. DO NOT lose your temper or let emotions get in the way. If they tell you they did follow the law or the law says they can't do what you are asking, MAKE them tell you EXACTLY WHAT law they are talking about! 10 to 1, they are just giving you the standard response they have been trained to give. If they do give you the ACTUAL TEXAS FAMILY CODE that deals with what you are asking for, come back here and post the info they give you.

Botton line, it's not easy to deal with the AG when you have an attorney. It is ALMOST impossible without one. But it can be done, ti just takes alot of work.
My husband had a similar thing happen, the state had filed a petition one week before a hearing on a motion my husband filed. During that hearing, the Judge ruled and ordered on that petition. (my husband didn't know WTF was going on because he didn't know about the petition). He was legally served with the petition the day after the hearing. He filed a motion for rehearing claiming that he wasn't served properly- the Judge ordered that a rehearing was to take place due to him not having been served.

Would it work quicker for OP to file for a rehearing for his case?
Xena :)

My husband had a similar thing happen, the state had filed a petition one week before a hearing on a motion my husband filed. During that hearing, the Judge ruled and ordered on that petition. (my husband didn't know WTF was going on because he didn't know about the petition). He was legally served with the petition the day after the hearing. He filed a motion for rehearing claiming that he wasn't served properly- the Judge ordered that a rehearing was to take place due to him not having been served.

Would it work quicker for OP to file for a rehearing for his case?
Xena :)

It would be quicker, but without an attorney and with limited knowledge of the law, it would be difficult to do.

If I knew what county the case is in, I might be able to help him out a little more and get him going in the right direction.

The County is Houston county thats where everything is filed, all the paper work i could find is stuff about withholding my income and some other papers about how there gonna put like 4000.00 on my credit ill get it all together and post it all here i wanna put exactly what i have i really appreciate all the help it means alot to me...

Thanks , Bryan

The County is Houston county thats where everything is filed, all the paper work i could find is stuff about withholding my income and some other papers about how there gonna put like 4000.00 on my credit ill get it all together and post it all here i wanna put exactly what i have i really appreciate all the help it means alot to me...

Thanks , Bryan

Houston County, that includes Henderson, right? The only map I can locate right now is the one hanging in my office and it's a big hand drawn map of the "Republic of Texas" circa 1845 so it's not much help.

I know that it includes the town of Lovelady

I know that it includes the town of Lovelady

Sorry it took so long to get back to you, here's what I found out.

Since you are technically dealing with the AOG and not the court directly, you need to go through them to fix the problem. Call, email or go in person to the OAG. Tell them you would like to file a formal appeal of the recent action regarding paternity and child support. They will give you the proper forms and procedures you will need to get started. Make sure you are VERY detail about why the case needs to be reevaluated. Since they did not follow proper procedure per, state law (improper notification of hearing), the order needs to be set aside and a new hearing needs to take place. Unless the can provide PROOF that you were properly served, they have no choice but to grant the request.

Can Someone help me get the correct email address i need to send to? any questions just read above....

Thanks ,
FilteR

http://www.oag.state.tx.us/agency/contacts.shtml

This page has all the contact info for the OAG.