Siomara Ramirez Pitre Child Support Law Blog on Lawyers.com

Clients with child support or paternity issues are sometimes confused about when it is necessary to hire a private attorney.   Sometimes the couple is only separated, not divorced, at the time papers are filed at the Office of the Attorney General (“AG”). Papers can be filed at the AG's office even if one parent is giving the other parent money. This can be very shocking and unexpected to the parent who feels they have been helping out and now has been sued by the Attorney General.

Who Does the AG Represent?

First you must understand the AG does not represent the interests of a parent. The AG represents the interests of the child. The goal of the AG is to obtain support for the child.  

The Child Support Division of the Office of the Texas Attorney General (“AG”) provides a variety of services to parents. The AG office is often successful in locating an absent parent, due to the governmental resources available to do so.  Once the parent is found, then a procedure to have a declaration of paternity or to obtain child support can proceed. 

Will the AG help with my desires to obtain visitation with my children or limit the visitation of one parent?

No.  An AG Order will provide a basic Standard Possession Custody Order.  Often parents feel they want more visitation “custom” visitation because they have unique work schedules which do not work with the Standard Possession Order.  However, the AG does not assist parents with negotiation of visitation schedules or custody issues.    There may be fears of potential abuse or neglect and one parent wants to limit visitation.  Again, the AG will not deal with this issue.

Many parents who have not had attorneys during these proceedings later have to go back to court in an attempt to renegotiate custody issues.

What if I am still married, can the AG deal with my divorce issues along with the Child Support issue?

No. Other related issues such as obtaining a divorce, property division, or allocation of debts between a couple will not be handled by the AG office.

If a couple is not yet divorced, but is about to divorce, it is generally more efficient and less confusing to hire an attorney and deal with all of the issues, including child support, during the divorce proceeding. 

What if I show up to a hearing or meeting and am told I have to sign the documents?

If you are the party who has been served and there is an action filed against you, you should contact an attorney prior to attending any meetings AND prior to signing any documents of any type. Your signature on a document will be enforceable, even if you later decide that you cannot afford that amount of support.  Do not wait until the day before the hearing.  If you choose to hire an attorney the attorney will need time to make an appearance for you and begin the negotiation process.   Do not default on the hearing or meeting because an order may be signed against you without your presence.

If you attend a meeting or hearing and feel uncomfortable or do not agree with what is being proposed, let them know you want to hire an attorney and need additional time.  Most often the AG will reset the hearing or tell you to request more time from  the Judge.  When in doubt, ask for an extension and go seek at least one consultation with an attorney.

If a parent files an action with the AG and then decides later to hire a private attorney, the role of the AG will change, but the AG will, in most cases, remain a party to the case.  Oftentimes once one party hires an attorney, the AG may recommend that the other party also hire an attorney, especially if custody and visitation becomes the main focus.

Benefits to using a private attorney include the following: 

More personalized treatment and explanation,

A quicker turnaround time on the case

Someone to represent your interests and the ability to deal with related issues such as visitation.

The ability to negotiate  between the parties.

Each case must be dealt with individually, in order to decide what best meets the goals of the parent seeking help.  It is always best to understand the process and your legal rights from the very beginning, so that you can make an informed decision. 

Siomara Ramirez Pitre is a family law attorney at Kalish Law Office and can be reached at sio@kalishlawtexas.com or by telephone at (281) 363-3700. Kalish Law Office has been representing family law clients since 1984. The firm website can be found at www.kalishlawtexas.com