What is the law?

[Maltesemum]

What is the name of your state (only U.S. law)? Virginia

I am a recipient of Social Security Disability. My exhusband from the State of Wisconsin is trying to hold on to my arrearage money that was over paid him beyond child support. The court is currently withholding money from my SS each month as an error and my ex is trying to have the court continue to pay him the money for past bills/State Taxes, etc that do no pertain to child support, maintenance, or IRS debt.

I have read the federal law that states unless it is one of those three listed above, that the civil court can not take my money for anything else. I've a very poor atty currently on my case and he's refusing to acknowlege that federal law.

What are my rights?What is the name of your state (only U.S. law)?

[BL]

What has SSA said about this when you asked for a review ,and went there in person with your proofs for review ?

Are you saying that SSA sent your X more money ( of your back pay ) that was in an order ?

Or is it the children received their own back pay ,and was sent to the X as payee ?

[Maltesemum]

This is a total mess due to lawyer neglegence. There was child support arrears that were paid in full and overpaid by 10 grand. SS sent the payments via way of the child support enforcement.

When my atty went to court in wisconsin he walked out allowing the court commisioner to re-allocate my first son's benefits (by my first marriage) to my second husband and second son. The court commissioner was not aware of my first son at the time. As a result, the commisioner had set another order paying my husband that money so child support sent another lein to Social Security. My atty has still done nothing about it while my ex-husband is still receiving part of my ss each month.

My ex is an abuser and threatened me that he would spend the rest of his life making mine as miserable as he could. We've been divorced for 6 years and it cost me everything to get away from him.

This matter is still in court and legal bills mounting with an atty who virtually does nothing. Now my ex is making up bogus bills and such in an attempt to keep the money he's been over paid and to continue to get another 8 grand (my first son's money ) , that which was erroneoulsy awarded to him. The commisioner acknowledges the mistake but my ex is coming to court with past back taxes that were his in an attempt to make me pay half, in addtion to other bills most of which are not mine. In the meantime he gets more and more of my money each month.

This money is NOT the money awarded each child, this is my personal social security. I was told by an ex IRS agent of late of a federal law that claims unless it is child support related, alimony or IRS back taxes, my Social security is protected and can not be garnished for any other reason and that this commisioner is breaking the law.

I did locate the federal law and it does state just that. I've made my atty aware of it for 3 months now and he does nothing but find ways to run up my now 13,000 legal bill. He has scheduled a deposition between me and my ex. If this law is correct then none of this should be taking place and the case should be closed ordering my ex to re-pay the 10 grand he has already received. Is any of this possibly correct? My ex will continue to find any way he can to destroy what little bit of my life I still have.

I could write a fictional best seller as no one would believe the full and true story. This is only an example and I keep getting stuck with bad lawyers.

[Maltesemum]

I forgot to ad that child support will contine taking my money out until they get a new court order. My ex delays this by introducing new material to keep the matter going instead of being resolved. Because the commissioner has not placed a new order yet, child support will forward the money on to my ex so Social Security can do nothing about this without a new order.

My main issue is to verify whether or not that Federal Law protecting my Social Security will hold up in Civil/Family Court as this money that my ex has now received IS NOT child support or alimony.

[BL]

There's always an Attorney grievance committee to complain to .

Since the magistrate has acknowledged the wrongs , the magistrate upon request should make an order temporarily suspending your obligations until it's figured out and a final order is made.

I'd be inclined to contact my congressperson .

You shouldn't have to be paying exuberant attorney fees while drawing disability benefits either .

[Maltesemum]

You have made some good points. Yes, I intend on contacting the office of lawyer regulation in Wisconsin should this continue. I, however, do not have the money to retain a new atty since my exhusband has received over 26,000.00 and was only entitled to 12,000.00. My atty has seen to it that it is still in the hands of my ex. Who by the way is self employed and where my atty claimed "he will be ordered to pay it back", knows all to well, there is little in the way of garnishing a self employed individual.

I am currently in the process of writing a letter to this atty addressing my extreme unhapiness. He may well quit as a result....I am caught between a rock and hard spot as I cannot afford for him to quit, yet cannot afford to retain another lawyer due to his neglect and I cannot continue with this guy charging me 300.00 an hour and groups things on his invoices so I cannot verify.

Hence my research to find out if this Federal Law will uphold because if it will then my case should be an open and shut book. I may be able to do this without a lawyer up there. At this point I could care less almost over the money my ex has gotten and if it weren't for the fact that he is getting more each month out of my SS, I would simply tell them to keep the darn money and leave me alone. I only want a life of peace.

Your comment regarding contacting a congressman is intruiging. However I am uncertain what services you think they may provide. Could you elaborate?

And yes, he took my case while I was a month out from my SS hearing so he knew then I had no money, assets etc....my boyfriend was good enough to pay his outrageous retainer. Now this guy hounds me for payment and prefers it in full yet has done nothing to change or alter my life this past year and 1/2 other than make my health worse.