If your ex was awarded a settlement from disability and you were awarded all your back child support in court, can the child advocate take it upon themselves to half that money up with another child obligation even though you have a court ordered paper saying it goes to you?
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This is a very serious Legal matter that can only be settled by an attorney as you have 2 "agencies" to deal with and only an attorney will know your rights in this case and it may have to go back to court to be settled.
Do not wait to take care of this as once that check is sent it will be more difficult to correct - if in fact you are entitled to the full amount.
Gather all of your paperwork and find an attorney ASAP.
The way I am reading the question, it seems to me that the disability settlement is being used to fulfill the back child support. If he has another child to support and the court did not know that at the time you were awarded the money, they could change their minds.
It sounds like your husband has two obligations to pay child support. The only real way to settle this and find out if you can collect half the money is through a lawyer. They will need to file the papers in court for you.
I know a person who was owed back child support and she received his income tax returns until it was paid. I don't know the details in how this worked or what her lawyer did for her.
They child advocate lawyer sat right in court and never said one word about him having to pay another obligation he took care of the other child but didn't want nothing to do with mine he wanted to give up his rights when she was in kindergarten
This is a hard situation you are in. I know, because it happened to me. I raised and supported my daughter on my own. Her father left when she was 13 months old. No matter what the court ordered, he didn't pay. You will have to get a court order to garnish this money and part of his earnings.
A man might want to give up his parental rights to avoid paying child support. Laws vary from state to state. The court does what is in the best interest of the child. It seems one way the court will decide that the biological father doesn't have to pay is if the mother remarries and her new husband adopts the child.
You seem to be talking only about a settlement check for arrears in child support and no mention of his obligation to pay future child support so I am wondering how that has been handled. Did the court order mention anything about how this would be paid or will he just continue as he has in the past and let the nonpayment of child support stack up? Was the settlement check the final disposition of the obligation for the injury or will he be receiving a monthly check? If no monthly check from this then is he working so he will be able to pay child support?
I can see your concern over this payment for back support but I also hope you are concerned about your child's future support and will make this a matter to be settled when your attorney deals with the present problem.
Who handled this for you when you went to court to get a decision on how the settlement money would be paid? Did you have an attorney to set up the court hearing? How and why was the court involved in the disposition of the check in the first place? If you had someone speaking for you in the court then have you discussed this new problem with the person/agency?
I hope you will get an attorney ASAP because as I said earlier, if this check is paid for the other child it will be much harder to get the money back so try to stop this before any payment is made.
If you have used an attorney in the past then maybe they can help you with this and the court may make your ex pay their fee but if not it will still be to your advantage to pay rather than losing the money. You can go to your local Legal Aid society for help but it may take too long to get it started and your window of stopping this payment will pass before any action is taken.
Also, why was the check divided in half? Was your ex in arrears on child support to this other child? There is a lot here that we do not know (and do not need to know) so help yourself and your child by acting quickly. Good luck to you and your child.
You need to get an attorney and go back to court asap
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