Each lawyer employed by the AG is responsible for approximately 5,000 cases. An office that has 20,000 files will have four lawyers, and a staff of about 28 non-lawyers. They divide the work load based on the alphabet - based on your last name - A-F, G-N, O-T, U-Z, for instance.
1. You start your case with the AG by putting in an application. There is no charge to you for their services.
2. They first open a file and then verify the address of the Dad (the fellow whom you want to pay child support). This takes a week or two.
3. Next, a non-lawyer prepares a pleading to be filed with the Court. Figure at least another week.
4. Then your file goes to one of the lawyers where it sits on his desk for at least another two weeks. A few years ago, the AG office in Tyler had files sitting around with unsigned pleadings in them for six months. The pleadings were ready to go ... all they needed was a lawyer's signature. Six months.
5. After the legal pleading/petition is signed by one of their lawyers, it gets filed with the Court. Figure another few days.
6. Finally, the citation is issued and sent to the Constables for service. After another six weeks, you'll have your first hearing.
Finally, You're In Court !
9. The AG handles their Court dockets on a "cattle call" basis. They have, in the recent past, had dockets of over 100 cases that are all set for the same time on the same date in the same courtroom. You'll receive a letter telling you to come to Court, without regard to whether or not the Dad has been served. If it's a Dallas case, you may drive downtown, spend $10.00 on parking, and sit around in a crowded courtroom for hours, only to be told that Dad wasn't served, so they can't proceed today. Sorry about that we'll reset your case, we'll let you know when to come back.
In fact, even if Dad has been served, the law says he has 21 days to file an answer. If you come to Court, and Dad has been served, and the requisite amount of time hasn't passed, guess what? Wasted trip. See you next month.
The system operates for their convenience, not yours.
One benefit of having the AG involved is that they have access to some powerful "tools" for enforcement that aren't available to a private lawyer. For instance, there's a program called "FIDM" (Financial Information Data Match) whereby the banks report account information to the AG (ever noticed that when you open a checking account, they get your Social Security number?). The AG checks this account balance information against the Social Security numbers of non-paying Dads, and then they grab whatever money is in his checking account.
The AG also has access to TWC (Texas Workforce Commission, formerly known as the Texas Employment Commission) records, so that they can sometimes find out about Dad's new job long before anyone else does. If they know where he works, they know where they can garnish his wages.
The AG can also grab Dad's income tax refund and apply it to his child support arrearage.
The AG can send an Administrative Income Withholding writ (AIWH) to Dad's employer and immediately begin taking out extra money for a child support arrearage - they don't even have to get prior approval from a Judge.
