25 August 2010

Collin County Custody/Divorce Cases are ADMINISTRATIVE PROCESSES!!!!

If there is still doubt in your mind about how your divorce/custody case is being handled, then I am going to put it to rest for good.  THE REASON THE SYSTEM SEEMS SO CROOKED AND RIGGED IS BECAUSE...IT IS!

Your case is being conducted under a "quasi-administrative" process in which the normal rules of procedure are tossed out the window.  That is why "orders" are rendered that seem to defy common sense and logic.  That is why evidence that supports your side is ignored.  That is why your lawyer and your (ex)spouses lawyer have their informal conversations out of your earshot in the halls of the courthouse and decide what the outcome of your case will be.  That is why there are so many RULE 11 AGREEMENTS in your case.  That is why the JUDGE NEVER REALLY ORDERS ANYTHING and you end up with an AGREED ORDER at the end of your case.

When it's all over and you're sitting at home wondering what you did to deserve losing your children, your home, your property, and quite possibly your liberty, you decide to appeal your case.  The Appeals Court won't let this INJUSTICE stand!  And then you lose your appeal.  Look at the opinions coming out of the Texas Appellate Courts and you will see that REVERSALS ARE RARE!

But don't take my word for it...I'll let the US Government and the State of Texas speak for me:
The first document is taken from "Essentials for Attorneys in Child Support Enforcement" from the Administration for Children & Families division of the US Department of Health & Human Services.  This is Chapter 6: EXPEDITED JUDICIAL AND ADMINISTRATIVE PROCESSES.  You can view/download the entire document directly from the agency's website here.  It is a few years old, but it provides an excellent overview in layman's terms of how this bastardization of justice evolved.  The entire document is available for download here.

The second document is current hrough this year and is specific to the STATE OF TEXAS.  It consists of questions and answers about the state's Title IV-D Child Support Enforcement Program.  (This link will download a PDF copy of the page - the page can also be accessed directly by going to http://www.acf.hhs.gov/programs/cse/ and selecting the "Intergovernmental Referral Guide"). 

The fact that your case is being heard administratively (except in limited cases) is explicitly stated:
Question: I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation?
 Answer: While Texas does do some establishment actions judicially, a quasi-administrative process is normally used to establish obligations. Interstate responding cases are most frequently handled judicially.
Here is the real kick in the crotch...IT IS ALMOST A CERTAINTY THAT YOUR LAWYER KNOWS this already.  Oh, he hasn't told you?  Go ahead...ask him about it.  Read these documents and make him explain the process.  I'd love to hear what about how they respond.  I already heard from one person who did this.  Her attorney, who demanded a $50,000 retainer to represent this poor woman, screamed at her for asking too many questions and hung up the phone on her.  Needless to say, this person has opted not to retain this scumbag.

The good news is that there are remedies under the rules of administrative law which can protect your rights.  You can start by firing your dirtbag lawyer...

Did someone say CLASS ACTION???