Texas AG Child Support Division Unlawfully ignoring Texas Family Code Sections San Antonio Texas

Copy of a letter I sent to TX AG.

I was served with a Citation on 4/7/22 which I responded to within approximately 2 weeks. The state's argument was based on the Texas Family Code, Section 158.06 Income Withholding in title IV-D Suits.  section 157, Enforcement and section 158, Withholding from earnings and section 154, COURT-ORDERED CHILD SUPPORT.

In my defense, I pointed out that according to your own Citation I have paid $51,000.00 as of the date it was filed on approximately 1/22/22. I further argued that the AG’s office had not followed the law pertaining to the application of my payments, and accrual of interest.

Texas Family Code 157.265- Interest accrues on CHILD SUPPORT at a rate of 6% SIMPLE interest per year. This section makes it abundantly clear that Interest should be accrued on CHILD SUPPORT only. And SIMPLE interest should be charged on the principal. This is unambiguous and is not open to interpretation.

The Texas AG office has been and still is charging interest on interest. Defined as COMPOUND interest, contrary to the law.

Texas Family Code 157.265- explains “interest may be enforced the same as child support.”

Texas Family Code 157.268- Application of child support payment. Child Support collected shall be applied in the following order of priority:

(1)  Current Child Support

(2)  Non-delinquent Child Support owed

(3)  The principal amount of Child Support that has not been confirmed and reduced to a money judgement.

(4)  The principal amount of Child Support that has been confirmed and reduced to money judgement

(5)  INTEREST ON THE PRINCIPAL AMOUNTS SPECIFIED IN SUBDIVISIONS (3) and

The Texas AG office, contrary to the law has been all over the place with my payments since the very beginning. Interest is clearly being charged on interest, COMPOUND interest. The court should investigate this.

I have paid in excess of $51,000, yet the Texas AG has my PRINCIPAL still over $9,000 on an initial $24,583 CHILD SUPPORT debt.

These are the facts of the case. Simple enough for the judge to make a timely judgement. Yet, I’ve heard nothing from your office.