This is a strange one.

[mysonvaughn]

What is the name of your state? IN Ok I am actually asking a question on my mother's behalf. She has two children ages 8 and 9 with a man to whom she was never married. When the kids were 2 & 3 he cleaned out the bank account and left. He now lives in the same city she does. He is an independant contractor (he owns his own semi and drives for a company owned by a friend of his.) He was ordered to pay child support 6 years ago and he did so for a very very short time at which point he concocted an elaborate scheme to avoid it. He incorporated a trucking company under his mother's name, who is a brazilian citizen living in brazil. He "sold" his truck to the "company" for a dollar. Then he made a stamp of his mothers signature, started having all of his pay rerouted to this "company" and wrote himself paychecks for a much smaller amount than he actually made. He then simply took money from the false company's account at his disgression. He has 3 kids with his ex wife and is now remarried but has had a vasectomy (thank goodness) My mother and his ex wife scrounged up enough money to hire an attorney jointly. During all of this time the father is ignoring the child support order and sending $40 payments irregularly. After five years of this case dragging on and on (it was in discovery for several years) she finally got a court date. The court heard all of the evidence and the judge was outraged. He said he was going to go over everything and make a judgement no later than August 2004. By the end of september we had still heard nothing. I contacted the judge who said that my mothers attorney had not turned in a summary of some type and that was why it was delayed. I called the attorney who made up some excuse and told me he would do it. I want to say here that the attorney all this while had not returned phone calls and such and had to be absolutely badgered to get anything done. I beleive this is because he realized that this case was not going to make him a lot of money. When he originally took the case he intended to sue the trucking company owned by the fathers friend because he of course was aware of the scheme and also the father's accountant who almost certaily knew what was going on as well. He later decided that a case against them would not be winnable. The attorney filed the paperwork after my call and the judge set a date for them to come in for a ruling. The judge ordered that the father turn over his truck title to the court and that any assets in his or the fake trucking company be seized. He also ordered that 100% of the father's wages be garnished for child support. The court document says that he owes over 96,000 in back support. I assumed that this was the ruling. My mother has not recieved child support in many months and it has been a month since the last hearing. Now her attorney is saying that his ex wife who is the co-complainent wants to settle. My mother does not, so he says that he cannot proceed. I don't understand how there is a question of settlement since there was already a judgement made on the case. Can my mother retain new seperate councel without starting over? The attorney says that there is money sitting in the court system that he can't distribute because of the difference in opinion between my mother and the ex wife. What exactly is an attorney required to do after accepting a retainor? Is there some recourse we can seek since the attorney we hired was extremely extremely sluggish in working on the case causing severe financial hardship to my mother? Does he have to do things in a timely manner? Also the father decided to be a jerk and drove his semi to my mothers house, parked it in her driveway, handed her the keys, took the semi tags and left. The neighborhood association doesn't allow semis to be parked there. She can't move it (no CDL) and the title is in the hands of the court. What to do? I know this is sooo long but it has been simply excruciating. Why can we get a judgement for child support enforced? He and his wife just bought a nice new house and a riding lawnmower but the deed is in her name. I would think since they are married any property would belong to both of them. Is that not the case? I hope to God that someone responds to this with at least a little advice. This is ruining the kids' childhood along with my mothers life. Thanks to anyone who replies.

 

[bulldogg70]

There are several options to take here, I hope the first lesson learned was never have two people that would disagree hire the same attorney to represent your interest. First, what does the other party want in regards to settlement??? what is causing the hold up??? This is what is going to be major. However, if there was/is a court order for CS and that obligation has not been fulfilled and the money is sitting in a trust you should be able to withdraw that money. However, the lawyer loves money in a trust, he is making money off of your misery. There are some serious irregulars going on here and I would let those with the money understand that. Find out all of the facts to this case so we can get a better understanding of everything. Oh yeah, as the court to release the title to the truck, get it towed to a storage lot and sell it, it should sell fast.

 

[mysonvaughn]

strange

What is holding the case up is the thing I really cannot understand. A judgement was made for Tony to pay 96,000 in back support and 100% of his income. I am guessing he would be supported by his wife. The judge was really mad about all the fraud to get out of supporting the kids. The ex wife (co-complainant) I understand feels sorry for him and wants to take a settlement, which since a judgement has already been entered I don't understand how this is possible. My mother's lawyer states that the trucking company involved has withheld 3500$ so far and that is sitting in the courts but he says that he cannot release it because of the disagreement. My mother called the state board of attorneys and they indicated that her lawyers behavior was highly unusual and they offered to find someone to take over the case and said they would be looking into how the case has been handled. I spent practically an hour and a half trying to get ahold of someone in the worthless police dept. The "desk sergeant" who is really a collection of secretaries said it would not be thier policy to deal with this. I was transferred God only knows how many times and finally was advised by a woman at the police station that I had the right to have an officicer dispatched. An officer came and he was very nice, he explained that as the truck was eventually going to be her property, the fees associated with towing it would be hers so for now she is letting it be. Now Tony , who was a very violent person when in the relationship (has beat her up several times in front of the children) is starting to drink again and stands outside the house staring at it from across the street. He has called several times, telling her he loves her and asking her to meet him. (as if!) Basically I can find absolutley no reason whatsoever there would be opportunity for discussion after the ruling. Does this sound reasonable? Am I missing something? My mother understands absolutely none of this and after reading the court documents neither do I. Oh the other party I think is wanting to let tony abide by her origional support order and pay her $265/week or whatever it was rather than pay 100% because he will probably quit working and be thrown in jail before agreeing to work for nothing (ie his children) My mother says let him rot then. BTW he is actually a brazilian citizen and may just end up leaving the country. Personally, I did a lot of the initial research on finding the incorporation documents and his accountant's name etc as the attorney told my mother it would be really expensive if he did it, so I am really familiar with what went on and without a doubt, the trucking company owned by Tony's friend and the accountant were extremely complicit. I don't understand why none of these people are facing criminal charges. My mother has been informed rather angrily by her attorney that she is not to contact the court except through him so we have no idea how or who to ask to release the money or the title. Thanks again

 

[nextwife]

It is your mom's right to NOT take a settlement, but, if he flees to Brazil, realistically how much could she get of what is owed? Is she being penny wise but pound foolish to hold out for the whole thing and maybe end up with little?

I don't know the answer, but people I know in collections do weigh one against the other in approaching such decisions. Example, someone has a second mortgage on a piece of real estate facing foreclosure. They are indeed owed whatever the balance may be. However, if they allow the home to go through foreclosure without perhaps accepting a lower payoff so they don't end up getting nothing after foreclosure, they are only hurting themslves in the long run. If the money on account that he'd be using is in Brazil, and he flees, how much does mom think she'd get out of his house and any US assets? I'm just throwing this out there to chew on.

 

[mysonvaughn]

Ok I have a new understanding here. In march the case went to court and the judge told Tony that he must pay the origional order of support, 211.00 and 263.00 to my mother and co complainant respectively. He was also ordered to pay 96,000.00 in back support but the judge was ambiguous on how that would be payed. It gave him 30 days to pay it or he would go to jail and forfeit his assets. We waited to recieve this in writing but did not because, as we discovered, our attorney did not turn in some sort of summation. He eventually was persuaded to turn this in and we recieved this judgement in writing on nov. 2. During this time the trucking company did not garnish any wages and Tony paid no support. On Dec 2 there was a contempt hearing because of this and the judge was very angry at the non compliance and ordered that 100% of Tony's wages would be garnished and the semi title turned over to the court for safe keeping. Some $3000 has been garnished since then and is in trust. The judge asked my mothers attorney on dec 2 to write this up and turn it in asap. We have never recieved this judgement in writing because her attorney will not write anything up because he and the co complainant want to negotiate with Tony's lawyer a lower amount than 100% so that he will continue to work. (which at this point he is obviously not doing since his truck is in my mothers driveway) The co complainant has written the lawyer authorizing him full power to negotiate on her behalf. She basically just wants the 264 and doesn't care if he has to pay til doomsday to make up the back support. My mother wants him to start paying on the back support. So the lawyer won't write up the documents the court requested and won't release the $3000 in garnished wages until my mother "agrees completely with the co complainant"

 

[LdiJ]

Ok I have a new understanding here. In march the case went to court and the judge told Tony that he must pay the origional order of support, 211.00 and 263.00 to my mother and co complainant respectively. He was also ordered to pay 96,000.00 in back support but the judge was ambiguous on how that would be payed. It gave him 30 days to pay it or he would go to jail and forfeit his assets. We waited to recieve this in writing but did not because, as we discovered, our attorney did not turn in some sort of summation. He eventually was persuaded to turn this in and we recieved this judgement in writing on nov. 2. During this time the trucking company did not garnish any wages and Tony paid no support. On Dec 2 there was a contempt hearing because of this and the judge was very angry at the non compliance and ordered that 100% of Tony's wages would be garnished and the semi title turned over to the court for safe keeping. Some $3000 has been garnished since then and is in trust. The judge asked my mothers attorney on dec 2 to write this up and turn it in asap. We have never recieved this judgement in writing because her attorney will not write anything up because he and the co complainant want to negotiate with Tony's lawyer a lower amount than 100% so that he will continue to work. (which at this point he is obviously not doing since his truck is in my mothers driveway) The co complainant has written the lawyer authorizing him full power to negotiate on her behalf. She basically just wants the 264 and doesn't care if he has to pay til doomsday to make up the back support. My mother wants him to start paying on the back support. So the lawyer won't write up the documents the court requested and won't release the $3000 in garnished wages until my mother "agrees completely with the co complainant"

Your mother needs her own attorney. ASAP

 

[mysonvaughn]

attorney

That is what i suspected but as she has recieved no support for two children in years and is in the middle of getting a nursing degree to better support them herself she has zero funds with which to do so. Legal aid takes 6 months to get involved so my guess is she is going to have to take whatever crap this attorney hands out until this case is finished at which point I believe she will be lodging a complaint about his conduct with the board of attorneys. Thanks all for the input.