After working as an Assistant Attorney General (AAG) in the Child Support Division of the Office of the Attorney General (OAG), I’ve heard that lament far more times than I care to remember. But, it’s reasonable one to exclaim if the State of Texas is attempting to make you a dad with all the rights and duties of a father. It’s a paternity issue, true and simple. Did you or did you not make a baby?
So, what are the dynamics in this case? First, in an OAG case, momma is coming to the State to ask it to wield its considerable power to make daddy pay child support. “Put child support on him,” momma demands. And under the Texas Family Code, the OAG has just that power to wield against you.
The OAG gets involved in these paternity cases, initially, one of two ways. First, if the mother is either on TANF (Temporary Aid to Needy Families) or on Medicaid, there is a referral from the appropriate State agency to the OAG to establish paternity and get child support set.
The second way is if the mother comes to the OAG and requests that the daddy be found and child support be put on him regardless as to any prior State financial aid.
The State provides the financial support for the child until there is a daddy is found and who will be ordered to pay child support and repay the State financial aid. That daddy is the alleged father until he is the adjudicated father. (For a refresher to these “father” terms, re-read Article Four, THAT’S NOT MY KID!!!!OR IS IT???? of this Blog.) The OAG’s threefold mandate is to establish paternity, set child support and collect child support.
At that time, there are two routes for the OAG to pursue to accomplish this threefold mandate. Administratively, there is the Child Support Review Process (CSRP). Notice is given to the parties that a “meeting” will be held at the offices of the OAG Child Support Unit, and at that “meeting,” paternity will be established and child support set. The issue of collections will be resolved by an Income Withholding Order being prepared for submission to the daddy’s employer. Meeting in the OAG office with the parties is a Child Support Officer (CSO) who is not an attorney but whose goal it is to meet the mandate. The CSO always works from the assumption that momma is the primary custodial parent and that daddy gets the Standard Possession Order for visitation. I will leave it to your own imagination what and how this CSRP plays out. Let’s just say that, like sausage, you don’t want to see it made.
But, if the CSRP is a bust because one or both of the parties do not agree with the outcome, the case is referred to court and treated like any other lawsuit. The same procedures apply with notice and a right to be present guaranteed to the parties. At court, daddy can request the DNA test so that science can be used to establish paternity. If he “wins the lottery” (as we AAG’s used say) and is the biological daddy, he becomes the adjudicated father, Daddy with a capital “D”.
Not only is Daddy now on the hook for a monthly child support obligation, he may also be looking at a minimum of four years of back child support if his child is over the age of four. That back child support will accrue simple interest at the rate of six percent per year until it’s paid off. If Daddy falls behind in making those periodic payments for the benefit of his child, the OAG will be sending him another invitation come to court to deal with every one of those unpaid child support payments. And, here’s the fun part, this new invitation comes with a Go to Jail card. If Daddy fails to come to court, the Court will issue a warrant for Daddy’s arrest and he will be picked up, fitted with one of the fashionable one-size-fits-all orange jumpsuits and the classical brown plastic flip-flops, and brought to court to show off his new silver jewelry.
Daddy will be given the right to be a weekend Disneyland Dad for his child. Daddy will probably be awarded the Standard Possession Order granting him, primarily, odd numbered weekends, two hours during a mid-week day, alternating holidays, and some extended time in the summer months. Remember, the OAG has no dog in the custody hunt and unless Daddy gets an attorney and contests custody or wants more parental rights as in the “normal” case, Daddy gets what the OAG gives him.
Not a pretty picture, is it? For the ostensible pleasure of the initial encounter, Daddy is now facing a lifetime of parental and financial responsibility. But, it’s not your kid, is it? That’s what you lament. Science comes to your rescue because you can request a DNA test that will be used to determine paternity. You get to play the Lottery: if you win, you're not the father and you miss the bullet; ah, but if you lose, you're Daddy forever.
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2 comments:
Question though. What if a CSRP is scheduled, the father is in another state, a college student, barely getting by, has 6 children, living off of college loans and is taking care of the child that is not biologically his (most likely) because the mother is too busy partying and now wants back child support? The state has taken away (she has 5 children) already 2 of her children and wants to take the other 2 due to neglegence. Meanwhile....my step son calls ME mother because his mother always dumped him off on her friends or family while partying. In this case, we have no money to travel to TX for this CSRP, and my step son made national honor society for the first time ever and has really done well this year while living with us. He does NOT want to go back to his mother and verbally abusive step dad. He is 12, we can't afford an attorney and whether this boy is my husband's or not, how could anyone think of even sending him back to a drug addict bi polar woman who cares nothing for him? Where are the laws regarding men's rights or those of his loving boy who is lucky to not be scarred by the things he has gone through in his life. ????????
I wanted to make a note. My husband is a college grad, in a med program. We have a blended family of 6 children. 3 we have together. He has not been able to find employment in our state, not even a pizza delivery job. We both are highly educated individuals and pray the economy improves, but for now, with our particular situation, are there any family law attorney's willing to take a case like ours? My husband is under extreme pressure right now as is with his medical program. What will happen if we can't afford to go to Texas? The child in question in this case is living with US, not the mother and has never lived with or cared by her. She has always gone from one place to another with him dumping him off on other people....so how could she demand back child support for a child that doesn't live with her and that the state would remove as they are in the process of taking the rest of her children away? What would they do to my husband if the DNA test comes out negative? Would they take my step son away from us, and the positive environment that he's in now? Or in the case if it is positive on that small chance.... if my husband is raising 6 children and going to school and can't find employment now, with so much money in college loans that are not due till he finishes his program, would they make him pay back child support to a woman who is not raising the child and who also is a mess? She never EVER did anything for her children! She allowed her 2 year old daughter to get repeated raped and did nothing for that girl! How can a mother be like that? She is bi polar and a party girl, but why is it OK that her children have suffered? I don't understand it or what to do or expect if we have no money for an attorney, since my husband is the man and men have no rights, what does anyone suggest we do in our particular situation?
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