Houston, TX asked in Family Law for Texas

Q: TX oag declined to initiate court date to establish child support

My estranged spouse has been out of the house over 12 months. We have 2 children (1 is special needs/disabled SSI) He has a lawyer and served me with divorce papers but never set date in court. Oag has “combined” my request for child support hearing with his motion even though no date has been set in court by his lawyer. The oag refuses to act in this matter because his lawyer filed motion right after my ex was served by oag initially. Judge was out day of court and oag has refused to assist or reschedule since the court date that had no judge present. I can not afford attorney. That’s why I asked oag for help. How can I encourage oag to serve my ex even though he has attorney? It’s been 13 months since he left us. Hasn’t asked to see the children, dropped medical insurance, moved to unknown address.

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1 Lawyer Answer
Chad Zubi
Chad Zubi
Answered
  • Houston, TX
  • Licensed in Texas

A: When a divorce is initiated it will not only handle the issue of dissolving the marriage, but it must include the issues of child custody and child support. It is normal practice to consolidate a child support case pending with the OAG into a later filed divorce. In a nutshell, you have to defend yourself in the divorce to secure your child support payments and custody arrangements.

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