Texas Attorney General
Child Support can be enforced through the office of the Texas Attorney General. Any parent who wants to provide support for their children may do so through this office. The TAG office will provide services to the custodial parents such as: locating a missing parent, establishing legal paternity, enforcing child support payments, and modifying CS payments every three years.
These services are provided to all parents who apply for assistance. If you are a single parent who is currently receiving assistance from the state or federal government, you are automatically eligible to receive these child support services. The Texas Attorney General office will not hold the custodial parents responsible for any expenses for services.
When changing a court order for CS, it can only be modified through the court system in Texas. A review can be done every three years at the request of either parent or if one of the parents income raises or falls. For example, a raise in pay at work or a loss of a job.
Enforcing Child Support
There are several methods the TAG office can use in order to enforce CS payments. These methods are used in order to make the non-custodial parents pay their obligations. Interception of income tax refund checks, and the automatic deduction of the child support payments from the non-custodial parents pay checks are just a few enforcements that the Texas Attorney General office will use in order to receive timely payments.
CS laws have to be enforce in order for the child/children to receive support assistance for the non-custodial parent. The Texas Attorney General office is there to ensure that all court order CS will be enforced.
By: Holcy Thompson III
Archive for December, 2009
Texas Attorney General and Child Support Laws
December 29th, 2009Bankruptcy Attorney: Questions To Ask
December 28th, 2009
If you have tried every way imaginable to avoid bankruptcy but find that you have no other way out of the situation, the first step you should take before filing is to consult with a bankruptcy attorney. A bankruptcy attorney can be hired or appointed by the court systems to help you through the court proceedings. If you decide to select your own attorney, make sure to select someone with previous experience in bankruptcy law, preferably someone who works specifically with bankruptcy.
No matter which bankruptcy attorney you select, you should always be prepared to ask the attorney questions regarding your own case. Here is a list of questions you should always ask your attorney to make yourself more aware of your bankruptcy proceedings:
* What type of bankruptcy is right for me?
Keep in mind that the Federal court system in the United States has eight different types of bankruptcy filing available. Of course the two most popular are Chapter 13 and Chapter 7, but there are a variety of different details and rules that apply to each type of filing. A good bankruptcy attorney will be able to sift through your financial difficulties and recommend the best type of bankruptcy for you.
* How do I file for bankruptcy?
Filing for bankruptcy will need to be done in the state where you currently live. If you plan to remain represented by a bankruptcy attorney, their legal staff can help to prepare all of the paperwork that is necessary to present to the court system. If you simply want to use the bankruptcy attorney for a consultation, make sure you don’t leave the attorney’s office without the necessary paperwork to begin the bankruptcy process.
* What type of fees will I owe?
This is important to ask in regards to your bankruptcy attorney as well as the court system. Most bankruptcy attorneys will give a free consultation but any remaining time on the proceeding or in court will cost a fee. Some attorneys charge by the hour while others charge a flat fee for bankruptcy services. As well, the court systems usually charge a court fee connected with filing the case, administrative charges and extra Chapter 7 fees to pay a trustee in charge of the bankrupt account.
* Where do I go to file my bankruptcy claim?
Bankruptcy cases are handled by the federal court systems in every state. This usually means that the bankrupt party will need to give the bankruptcy paperwork to the state courthouse, usually in a state’s capitol city. Your bankruptcy attorney should know the address and rules regarding whether or not paperwork can be sent by mail or if paperwork needs to be given in person.
* What happens after filing for bankruptcy?
Immediately after filing for bankruptcy, the court system will send out notification to creditors of the pending bankruptcy case. From this point on, creditors are considered to have a “restraining order” by the debtor and are not allowed to contact the debtor requesting payment. Depending on the type of bankruptcy, a hearing will be scheduled and deadlines will be set for creditors to file a claim and attend the hearing. Of course, all of the proceedings from here are dependent on the type of bankruptcy filed, so it is important to be in contact with your bankruptcy attorney who can more readily answer these questions.
By: Ian W Anderson
How to Fire Your Attorney
December 27th, 2009
Often even after careful selection you may find that you and the lawyer you have hired have tangential views and cannot see “eye to eye.” If this happens however hard you try and resolve differences the chances are that your case will suffer. It is best that you gather all your guts and fire the attorney and right off any expenses you have incurred and start a fresh.
When you hire a lawyer to work on legal matters you have the right to professionalism and a commitment on part of the lawyer. Every state has laws on rights of consumers and what a lawyer must do. So, check with the Bar Association or on the World Wide Web what your rights are.
Never be afraid or passive you have a right to: set deadlines, receive copies of all documents, ask for an itemized billing, and get a second opinion when in doubt.
When a conflict on any matter occurs, the first thing to do is communicate. Sulking or speaking behind the back of the lawyer will not help. Be courageous and speak your mind. Many a time just laying the cards on the table can clear matters. If at the end of the meeting the problem remains unresolved you and your lawyer may mutually decide to part ways.
In order to fire a lawyer you must:
• Follow to a‘t’ the agreement made between you and your lawyer. You must include a disagreement clause in your contract and specify clearly the financial liability.
• Have on tab all the papers pertaining to the case and notes of why in your opinion things are not right.
• State clearly in writing why you need to fire the lawyer. And request the lawyer to hand over your file, give you a detailed bill of expenses, and return any retainer he may have in excess of the bill. In case you owe the lawyer money then he has the right to hold on to your file until you settle the dues.
Find a replacement before firing the first lawyer. And ensure that you are not delaying legal process by firing your lawyer in the middle of a series of hearings.
It is not prudent to fire a lawyer verbally. It is best done in writing stating clearly the reasons for firing a lawyer and outlining the payments made as well as terms and conditions determined when hiring the lawyer. Also make sure he receives your letter.
In case of any difficulties approach the courts or ask another lawyer to send him a legal notice. In many states you can submit a complaint about lawyers. Check out the guidelines by the Bar Association of the state you reside in. The law states that lawyers need to follow a code of conduct and must be professional in every way.
Just as it is up to you to hire a lawyer so also it is your choice to fire a lawyer too.
By: Aaron Brooks