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Overpaid

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genivieve

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What is the name of your state? Ny

I have a question for a person that I know from our church. This man has 1 child. He pays 38.00 a month in child support. The man is on SSD/SSI Anyways the mother of his child took him to court for more support. He receives 641.00 a month from SSI/SSD. He has no other income. He retained a free lawyer because he has difficulty understanding court lingo, he can't read, and suffers extreme anxiety attacks ( which might keep him from court appearences). His lawyer one week before the court date broke his leg skiing. So he told his client that he would write the court and postpone the case. He told his client not to show up for the court date. This man did as he was told. A week later he received a letter in the mail stating that his SSI check would be garnished 550.00 until the next court appearence which was two months away. His lawyer told him he would straighten it out at the next appointment. When they appeared in court and the judge agreed a mistake had been made. The letter of postponement came 1 day after the orginal court date. The judge then asked the mother if she recieved the checks yet and she stated "no". The judge then told her she had to give the checks back when she received them. Well at the next court date the women had received two checks and cashed them. Her lawyer had an asthma attack in the middle of the hearing so the case had to be postponed again. Meanwhile this man is now living in a shelter because he cant afford his rent. Can this woman be held accountable for the money she kept? Is there anything he can do? His support wasn't raised and it's going to take another month to stop the income execution.
 


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