how long after i request services from attorney general texas

by Prof. Mossie Jenkins Jr. 5 min read

How long does it take for the Attorney General to respond?

The Open Records Division (ORD) issues more than half of its rulings within 20 business days. However, ORD has up to 45 business days to issue a ruling after receiving a request for a ruling from a governmental body. The letter ruling is issued to the governmental body that requested the ruling. A copy of the ruling is also sent to the requestor at the same time via first class mail.

How long does it take to respond to a request for information?

If the law authorizes you to request an attorney general opinion, you may send a request letter in writing in one of two ways: Email: [email protected]. Certified or registered mail, with return receipt requested: Office of the Attorney …

Who can request a formal Attorney General's written advice?

Only 1 modification request should be submitted, any additional requests can create a delay in processing. Or click here to download, complete, and mail the "Request for Review" form to the Child Support Division. Send the completed form to: Office of the Attorney General. Child Support Division. P.O. Box 12017.

What is the Office of the Attorney General doing?

The Public Information Act (PIA) requires governmental bodies to prominently display a public information sign. The sign must be the official PIA Poster created by the OAG. The poster describes the basic rights and responsibilities of requestors under the PIA. The poster also describes the responsibilities of governmental bodies under the PIA.

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How long does it take for child support payments to post in Texas?

It generally takes 5 to 7 business days for you to receive your payment by mail from the time it is received by the State Disbursement Unit. Direct deposit takes 3 to 5 business days. If you want direct deposit services with the SDU, please use the Direct Deposit form on the Texas Attorney General web site.

How long does it take to modify child support in Texas?

These steps can help you steer through the child support modification process. For most parents obtaining a new order that modifies your support may take at least 6 months. Please review the modification steps below and quickly respond to any requested information from our office to help speed up the process.

How long can you go without paying child support in Texas?

Under Texas law, the statute of limitations for seeking back child support when a court order is already in place is ten years from the child's 18th birthday. If a claim isn't filed by the deadline, then any recovery for back child support in Texas may be denied.

How does the child support process work in Texas?

How does child support work in Texas?Noncustodial parents are required to contribute 20 percent of net income for one child and an additional five percent for each subsequent child.Noncustodial parents with five or more children on child support are required to contribute at least 40 percent of net income.More items...

Can I go after my ex husband's new wife for child support in Texas?

A New Spouse's Income Won't Affect Child Support in Texas But there's been a growing trend to allow courts to look at a new spouse's income to see if it affects your ability to pay child support.

How much can child support take from paycheck in Texas?

50%In Texas, up to 50% of your disposable earnings may be garnished to pay domestic support obligations such as child support or alimony.

How many child support can you miss before jail?

If the child support owed exceeds $10,000 or is overdue by more than two years, the offense is a felony that carries up to a two-year prison sentence.

Can child support take money from your bank account in Texas?

Generally speaking, for a child support agency to garnish a parent's bank account, the child support agency must first obtain a court order, which instructs the bank to remove funds from the account holder's bank account until the judgment is collected.

Is child support retroactive in Texas?

Yes, courts can order back child support in Texas. However, they can do so only in certain situations. Pursuant to Texas Family Code Section 154.009, a court may order a parent to pay retroactive child support in Texas if the parent: Has not previously been ordered to pay support for the child; and.

When can you deny visitation to the non custodial parent Texas?

The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.

Does child support increase if salary increases Texas?

If you are making more money now than you were when the child support order was established or last modified, the court may increase the amount of child support you are ordered to pay.

What is the percentage for child support in Texas?

Child support amounts are based on a percentage of the monthly net resources of the obligor and the number of children: 1 Child: 20% 2 Children: 25% 3 Children: 30%

How often is child support modified in Texas?

every three yearsOne of the most common questions we are asked regarding child support modification in Texas is, “When can you modify a child support order in Texas?” Child support in Texas can be modified either every three years or when there has been a material and substantial change in circumstances.

How do you win a child support modification case in Texas?

You would need to provide substantial proof that the circumstances surrounding the child, the other party, or yourself have materially and substantially changed since the original order was established to initiate a change to the order.

How do you win a child support modification case?

How to Win a Child Support Modification Case1 Take advantage of the rights you already have.2 Reach out to your ex-partner if you think they'll be amicable.3 Solicit free legal help if you can't hire an attorney.4 Do it on your own only if you can't get help.5 Determine what has changed to justify a modification.More items...•

How do I change the custodial parent in Texas?

Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved. If this has happened, the case may be transferred to the court in the child's new county.

Who Can Request an Attorney General Opinion?

Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion.

How do I Request an Attorney General Opinion?

No specific formatting requirements exist to submit a request, but it should include any relevant background information and known legal authorities significant to the subject matter.

Who Can Submit a Brief?

The Attorney General accepts briefing on pending opinion requests from any governmental entity, organization, or person, including members of the general public. Briefing should be submitted by Email to [email protected] . All briefing and materials submitted are subject to the Public Information Act.

What is the role of the Attorney General of Texas?

The Attorney General is responsible for ensuring that Texas government is open and accessible to all citizens. The Open Records Division of the Office of the Attorney General issues rulings and decisions that determine whether information is open to the public under the Public Information Act and other applicable laws.

Where are the statutory requirements for public information?

The statutory requirements that apply to governmental bodies that have received requests for public information can be found in the Public Information Act, which is codified at chapters 552 of the Government Code.

What is the Open Records Division?

The Open Records Division issues rulings and decisions that determine whether information is open to the public under the Public Information Act and other applicable laws. This division also takes action to enforce these decisions and sponsors conferences to educate citizens and government officials about the state's open government laws.

Eligibility for a Payment Modification

Your child support order is eligible for modification only if one (or more) of the following is true:

What is a "Material and Substantial Change in Circumstances"?

In relation to receiving a modification, this phrase applies to one of these situations:

What to do if you are overcharged for public information?

If you believe you have been overcharged for public information, you may submit a complaint to our office.

What is a public information sign?

The Public Information Act (PIA) requires governmental bodies to prominently display a public information sign. The sign must be the official PIA Poster created by the OAG. The poster describes the basic rights and responsibilities of requestors under the PIA. The poster also describes the responsibilities of governmental bodies under the PIA.

What is prompt access to information?

Prompt Access to Information. A governmental body must produce information to you promptly if the information is not confidential or otherwise excepted from disclosure.

What is open records?

The term “open records” is also used to refer to public information documents. According to the Texas Public Information Act (TPIA), everyone is entitled to complete information about the affairs of government and the official acts of public officials and employees, unless that information is deemed confidential by law.

What is public information?

Public information is information that the Office of Consumer Credit Commissioner (OCCC) writes, produces, collects, assembles, or maintains under a law or ordinance or in connection with the transaction of official agency business. The term “open records” is also used to refer to public information documents.

How to request open records?

Tips for Successful Open Records Requests 1 Your request must be in writing to the governmental entity you believe maintains the documents. Only written requests trigger a governmental body's obligations under the Public Information Act. 2 Your request should be for documents or other information that is already in existence. Governmental bodies are not required to answer questions, perform legal research, or comply with a continuing request to supply information on a periodic basis as such information is prepared in the future. 3 We recommend that all requests be sent by U.S. mail and that a copy of the original request and proof of its receipt by the governmental body be kept. 4 We recommend that all requests be addressed to the Officer for Public Information or the chief administrative officer of the governmental body. Requests made by facsimile or electronic mail must be addressed to the Officer for Public Information or the chief administrative officer in order to trigger an obligation under the Public Information Act. 5 If you believe that a governmental body has not responded as required by the Public Information Act, we recommend that you contact the Open Records Division Hotline at (512) 478-6736 or toll-free (877) 673-6839, your local District Attorney, or local County Attorney.

How to challenge a government decision?

If the decision requires the governmental body to release certain information to you, the governmental body must do one of three things: 1 release the information to you; 2 notify you of the exact day, time and place that copies of the records will be provided or that the records can be inspected; or 3 notify you of its intent to challenge the decision in court.

Does the Public Information Act govern the judiciary?

The Public Information Act does not govern records maintained by the judiciary. However, there are other laws that do govern the release of information maintained by the judiciary. For more information, you may contact the State Office of Court Administration, P.O. Box 12066, Austin, Texas 78711; phone (512) 463-1625.

What is the Open Records Division?

In addition to issuing attorney general decisions, the Open Records Division dispenses general guidance on the Public Information Act, and investigates written complaints filed against governmental bodies. In fulfilling these functions and ensuring that governmental bodies comply with the Public Information Act, however, we cannot represent you as your attorney.

What is the Public Information Act?

The Public Information Act prohibits the governmental body from asking you why you want the information you have requested. The governmental body may, however, ask you to clarify your request if they are uncertain as to what you want, and they may discuss with you how the scope of your request may be narrowed if you have requested a large amount ...

Does OAG have child support?

A: Yes, OAG child support offices are certified entities that are able to educate parents on the rescission process and provide the Rescission of AOP form (VS-158) if applicable.

How to sign an AOP?

A: Give the parents an opportunity to sign the AOP. Give the parents oral and written information on the rights and responsibilities. Give the parents an explanation of these rights and responsibilities. Give the parents information on the availability of child support services.

What is an AOP?

A: An AOP establishes a legal relationship between the father and the child. It also allows the child to receive the father's Social Security benefits, inheritance and military benefits; and should give the father access to the child's medical and school records.

What is presumed father?

A: A presumed father is a man to whom the mother is currently married, a man to whom the mother was married and the ending of the marriage occurred within 300 days prior to the child's birth or a man who continuously lived with the child and represented himself as the child's father the first two years of the child's life.

Can a parent sign an AOP?

A: Yes. Parents who do not read or write may sign an AOP if it is believed they understand what has been explained to them. An "X" is acceptable for their signature.

When can a mother's bracelet be used?

A: The mother’s bracelet can be used as identification at the time of her child’s birth when she is a current patient at the hospital that is administering the AOP. It is assumed that the hospital checked her identification upon admittance.

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Statutory Requirements

  • The statutory requirements that apply to governmental bodies that have received requests for public information can be found in the Public Information Act, which is codified at chapters 552 of the Government Code. Within 10 business days of receiving the request for information, a governmental body must submit: To the Attorney General: 1. Must ask ...
See more on www2.texasattorneygeneral.gov

Contact Information and Mailing Address

  • Governmental bodies should send their requests for open records letter ruling to the OAG by US Mail to: Office of the Attorney General Open Records Division P.O. Box 12548 Austin, TX 78711
See more on www2.texasattorneygeneral.gov

Practical Tips on Writing Effective Briefs to The Open Records Division

  1. The Public Information Handbookpublished by this office is your primary resource in writing effective briefs to the Open Records Division.
  2. Follow the standards set forth in the Handbook to meet the requirements of your claimed exceptions. For example, if claiming exception under section 552.103 (the "litigation exception"), you must e...
  1. The Public Information Handbookpublished by this office is your primary resource in writing effective briefs to the Open Records Division.
  2. Follow the standards set forth in the Handbook to meet the requirements of your claimed exceptions. For example, if claiming exception under section 552.103 (the "litigation exception"), you must e...
  3. Be sure to explain everything in your briefing. Assume your audience knows absolutely nothing about the situation at hand. If it is not abundantly clear, accurately and adequately describe the subm...
  4. Please DO NOT redact the documents that you are submitting for review. If we can't read them, we can't rule on them.

Divisions of The Office of The Attorney General

  • The following divisions of the Office of the Attorney General are involved in the effort to ensure that Texas government is open to the people it serves.
See more on www2.texasattorneygeneral.gov