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child support settlement not being paid-lawyer not helping
Hello,
Hey does anyone have any experience they can share with this situation? It's for my cousin, she is at her wits end. My cousin has a child support and spousal support order to be paid by her ex from 10 years ago and he has never paid. It's $82k. The Ex has over $200,000 in an account on hold from an insurance settlement. The Ex and his money are in New Jersey, my cousin (the wife) is here in California with the kid. The District Attorney here in Los Angeles put a lein on the insurance settlement monies 4 years ago. The Ex hasn't been able to get the money. They (the DA the Ex, and my cousin and their lawyers) go to court June 25 (2 months ago) they agree on an amount. All signed the agreement. The court order stated the monies were to be paid to the Child Support Services in one lump sum of $82k and Child Services would pay my cousin. All agreed. As of today August 9, the Ex and his lawyers have not released the money. My cousin, is on the phone every day with child services to see if the money has arrived and it hasn't. After exhaustive calls to her lawyer, she finds out the Ex's lawyer has the money in trust and isn't releasing it for they want to appeal it. But no paper have been filed to state such. Oh but the court order stated "with Prejudice". (I thought this meant, no appeals). Also the DA won't talk to my cousin directly because she has a lawyer, and she has repeatedly ask her lawyer to call the DA, and his response is " he doesn't feel it's an appropriate time to call the DA" meanwhile the Ex's lawyer and my cousins lawyer are faxing letters back in forth, saying "you need to release the money" "no, we are going to appeal". blah blah I just don't understand, there was an agreement and it was signed and a date was given, but no one is enforcing anything. It's so frustrating. It was all done by a judge with prejudice. Who is suppose to enforce the court order. thank you. annette |
#2
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child support settlement not being paid-lawyer not helping
wrote in I just don't understand, there was an agreement and it was signed Is that what they call government extortion these days, an Agreement? LOLOLOLOL Bet your poor cousin was counting on all that free money for a nice trip too. |
#3
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child support settlement not being paid-lawyer not helping
On Aug 9, 1:30 pm, "DB" wrote:
wrote in I just don't understand, there was an agreement and it was signed Is that what they call government extortion these days, an Agreement? LOLOLOLOL Bet your poor cousin was counting on all that free money for a nice trip too. No, was counting on the money to support THEIR children. Thanks but no thanks. |
#4
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child support settlement not being paid-lawyer not helping
wrote in No, was counting on the money to support THEIR children. Oh how wonderful your cousin must be, I'm sure she has setup a trust fund to deposit all the money to be used only by the children? Lady, you don't fool anyone here for a second! Your slaverring all over the thought of getting $82,000. I bet the kids don't see any difference in their lives when you finally get that much cash. Go to work and earn it ya lump! |
#5
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child support settlement not being paid-lawyer not helping
On Aug 9, 3:15 pm, "DB" wrote:
wrote in No, was counting on the money to support THEIR children. Oh how wonderful your cousin must be, I'm sure she has setup a trust fund to deposit all the money to be used only by the children? Lady, you don't fool anyone here for a second! Your slaverring all over the thought of getting $82,000. I bet the kids don't see any difference in their lives when you finally get that much cash. Go to work and earn it ya lump! Hey thanks for the insightful information. Obviously you don't duplicate very well. But you are entitled to you're opinion, that's what America is about. Now, back to the original question; Anyone else out there have any experience with the above situation about child support and lawyers and an agreed upon settlement? Thanks, Annette |
#6
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child support settlement not being paid-lawyer not helping
wrote in message oups.com... On Aug 9, 3:15 pm, "DB" wrote: wrote in No, was counting on the money to support THEIR children. Oh how wonderful your cousin must be, I'm sure she has setup a trust fund to deposit all the money to be used only by the children? Lady, you don't fool anyone here for a second! Your slaverring all over the thought of getting $82,000. I bet the kids don't see any difference in their lives when you finally get that much cash. Go to work and earn it ya lump! Hey thanks for the insightful information. Obviously you don't duplicate very well. But you are entitled to you're opinion, that's what America is about. Now, back to the original question; Anyone else out there have any experience with the above situation about child support and lawyers and an agreed upon settlement? Some of the details you posted don't make sense. For instance - 1.) If the DA has been involved in this case for 4 years there should have been lots of Interstate enforcement and collection efforts including wage garnishments, drivers license suspensions, use of the Federal Interstate CS laws, etc. Placing a lien on property is one of the last things in the DA's enforcement arsenal. 2.) If the DA placed a "hold" on the account does that really mean he placed a lien on the account? If so any negotiations between the parties with the help of private attorneys are meaningless and there is no way to access the funds until the lien is lifted. 3.) Why was spousal support converted to child support? That issue right there is grounds for an appeal. That statement changes the characterization of the payments and the tax consequences for the parties. Attorneys have no authority to override a previously made court order. 4.) Why does your cousin's attorney decline to call the DA? If the attorney wants the money to be freed up so the parties can complete the negotiated deal one would think he would be eager to call the DA and explain the deal. 5.) Has a modification been filed with the original tribunal to request an amendment to the original order? 6.) All of your comments were about your cousin's position. What were the issues from the father's perspective and why did your cousin settle for less than the amount previously ordered by the court? |
#7
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child support settlement not being paid-lawyer not helping
"Bob Whiteside" wrote in message ... wrote in message oups.com... On Aug 9, 3:15 pm, "DB" wrote: wrote in No, was counting on the money to support THEIR children. Oh how wonderful your cousin must be, I'm sure she has setup a trust fund to deposit all the money to be used only by the children? Lady, you don't fool anyone here for a second! Your slaverring all over the thought of getting $82,000. I bet the kids don't see any difference in their lives when you finally get that much cash. Go to work and earn it ya lump! Hey thanks for the insightful information. Obviously you don't duplicate very well. But you are entitled to you're opinion, that's what America is about. Now, back to the original question; Anyone else out there have any experience with the above situation about child support and lawyers and an agreed upon settlement? Some of the details you posted don't make sense. For instance - 1.) If the DA has been involved in this case for 4 years there should have been lots of Interstate enforcement and collection efforts including wage garnishments, drivers license suspensions, use of the Federal Interstate CS laws, etc. Placing a lien on property is one of the last things in the DA's enforcement arsenal. 2.) If the DA placed a "hold" on the account does that really mean he placed a lien on the account? If so any negotiations between the parties with the help of private attorneys are meaningless and there is no way to access the funds until the lien is lifted. 3.) Why was spousal support converted to child support? That issue right there is grounds for an appeal. That statement changes the characterization of the payments and the tax consequences for the parties. Attorneys have no authority to override a previously made court order. 4.) Why does your cousin's attorney decline to call the DA? If the attorney wants the money to be freed up so the parties can complete the negotiated deal one would think he would be eager to call the DA and explain the deal. 5.) Has a modification been filed with the original tribunal to request an amendment to the original order? 6.) All of your comments were about your cousin's position. What were the issues from the father's perspective and why did your cousin settle for less than the amount previously ordered by the court? Probably because that was a way to expedite the transfer of extorted funds. One of the characteristics bundled with greed is impatience. |
#8
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child support settlement not being paid-lawyer not helping
wrote in message ups.com... On Aug 9, 1:30 pm, "DB" wrote: wrote in I just don't understand, there was an agreement and it was signed Is that what they call government extortion these days, an Agreement? LOLOLOLOL Bet your poor cousin was counting on all that free money for a nice trip too. No, was counting on the money to support THEIR children. Uhuh. She's gonna spend over 80K on her children. I suppose you have some Arizona beachfront property for sale too.......... Thanks but no thanks. |
#9
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child support settlement not being paid-lawyer not helping
"Chris" wrote in Probably because that was a way to expedite the transfer of extorted funds. One of the characteristics bundled with greed is impatience. I bet she still calls the Child Nazi brigade every day to see if there is a chance that her loot has arrived! LOL America, home of the Free, or is that Free loaders? |
#10
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child support settlement not being paid-lawyer not helping
"Chris" wrote in Uhuh. She's gonna spend over 80K on her children. Of course she is, to date she has spent a total of $160,000 on her child, so the $80K will come in handy for these poor kids basic needs. |
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