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child support settlement not being paid-lawyer not helping



 
 
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  #1  
Old August 9th 07, 09:10 PM posted to alt.child-support
[email protected]
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Posts: 3
Default 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  
Old August 9th 07, 09:30 PM posted to alt.child-support
DB
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Posts: 712
Default 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  
Old August 9th 07, 10:06 PM posted to alt.child-support
[email protected]
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Posts: 3
Default 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  
Old August 9th 07, 11:15 PM posted to alt.child-support
DB
external usenet poster
 
Posts: 712
Default 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  
Old August 10th 07, 12:53 AM posted to alt.child-support
[email protected]
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Posts: 3
Default 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  
Old August 10th 07, 01:44 AM posted to alt.child-support
Bob Whiteside
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Posts: 981
Default 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  
Old August 10th 07, 09:43 AM posted to alt.child-support
Chris
external usenet poster
 
Posts: 2,421
Default 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  
Old August 10th 07, 09:43 AM posted to alt.child-support
Chris
external usenet poster
 
Posts: 2,421
Default 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  
Old August 10th 07, 04:33 PM posted to alt.child-support
DB
external usenet poster
 
Posts: 712
Default 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  
Old August 10th 07, 06:48 PM posted to alt.child-support
DB
external usenet poster
 
Posts: 712
Default 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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