14 August 2010

The Office of Court Administration (OCA) Changed the Rules of the Game and Did Not Tell You!!!

We have had the chance to speak with many people whose experience in the Collin County family courts have been remarkably simillar to our own. 

The same lawyers, the same judges, and the same court-appointed "neutrals" appear again and again (we'll get to naming them shortly...).  The cases all seem to follow the same general course:
  • An acrimonious divorce involving children, or a modification of an existing decree that involves children.
  • Several "Rule 11" agreements and "Agreed Orders."
  • On one side, you have the designated loser.  This is the parent that loses their custody and conservatorship early in the proceedings.  They also may be ordered to surrender property and will usually be "ordered" to pay an unusually large amount of child support.  There is usually nothing other than the accusations of the other party that is used to justify this.  There is almost NEVER any evidence of wrongdoing, abuse, or neglect against this parent.
  • The losing parent either has money, has parents with money which they stand to inherit, or is the beneficiary of a substantial life insurance policy held by a parent.
  • The other parent is the designated winner.  They are awarded virtually everything no matter what evidence their might be of their own shortcomings as a parent.  In fact in some cases, they are awarded custody in spite of substantial evidence of abuse and neglect.
  • A parade of "neutrals" becoming involved including psychologists, counselors, custody evaluators, etc...  These whores of the court use their professional credentials to further malign the parent who is losing.
  • At or near the end of the proceedings, a "motion to enforce" is filed against the losing parent.
  • Finally, without any sort of hearing on the merits, the "agreed" order is declared a permanent order.  The person who lost everything is immediately held in contempt of court for the slightest violation of the order that may have occurred  during the course of the protracted "litigation". 
  • Once the final order is signed, in steps the OCA-3A.  They are the local child support enforcement agency.  This is the agency with the power to crimminally prosecute you for the contempt fees and arbitray child support amount in the judgement.
  • Often, the loser is forced to sell property (including their homes) in order to comply.  Some are put on probation for years, their credit and careers are destroyed, and the local Title IV-D agency is right up their ass for the rest of their lives.
  • The losing parent lives through this hell in a state of shock.  The process can take up to several years in some cases.  Parent-child bonds are destroyed.
Sound familiar?  You can thank the Office of Court Administration.  If you're not sure what that is and this does sound eerily simmilar to something you have been through or are currently going through, take a quick peek at your docket sheet on the Collin County website.  Is their a notation that says either "OCA" or, in the case of a modification, "OCA-3A"?  Congratulations...you solved the puzzle.

The OCA is the agency that is making these things happen.  Their membership includes the judges, the lawyers (including the one you paid thousands of dollars to retain), the "neutrals", and virtually everyone else who touches your case.  Even some of the rank and file employees at the courthouse are part of this organization...like the District Clerk, for instance.  You are never told the truth about this administrative body; rather, you are left thinking that the system is simply corrupt and there is no way to win.

Well, it is corrupt.  In fact, it's fraudulent and likely criminal.  But the reason they are not following the rules and the law as you thought they were supposed to do is not because they are simply thumbing their noses at it.  It is because they are operating under the rules of "administrative" law as defined in the Texas Administrative Code.  This essentially gives them the ability to make up the rules as they go along and destroy any chance you might have to correct it down the road.

Why do they do this?  SO THEY CAN ROB YOU OF YOUR MONEY AND YOUR CHILDREN.  Plain and simple.  These people are liars and thieves....an organized crime syndicate that operates with impunity.  But that is about to end, because now WE KNOW.

The most critical element to their scam is keeping you in the dark about the rules of the game...the Administrative Code.  The good news is that once you figure that out, there are some things you can do to protect yourself and your children.

If you are still in the middle of this litigation, the first step you can take to stop them is to waive the services of the local child support enforcement agency.

More about that coming up...