How can I collect my money?

[dadda11o]

What is the name of your state (only U.S. law)? IN
I was awarded custody of our daughter in November (provisional hearing) and went to Social Security to change representative payee from her father to me. He is not living here and was not at the time. I don't know what he told Social Security, but I received a letter soon after that said it would be in our daughter's interests for her father to continue to receive the check (he has been gambling and financing a girlfriend).

I received a judgment against him a little over a month ago, but it doesn't state when, other than he is to pay me "forwith". When I asked my attorney, she said that if he "couldn't" pay me (now), it would be added to "what he owes me". I can't believe that I have to wait 'til "whenever", when I know he's got money to do the recreational things he wants. I was told I could garnish his wages, etc but the info directs me to small claims Court. He filed a claim there a while back against me, but it was dismissed because we are in the midst of a divorce he filed.

I am working two jobs, trying to save money to start another life. I'm actually watching my funds dwindle, because I'm paying medical bills for our daughters' (stress-related) illnesses as well as other expenses for them, attorney fees and lately, a lot of car repair costs. Our daughter turned 18 in July and is supposed to start receiving the checks, but there was a problem in their office and they lost the paperwork. So right now, especially, I'm having a difficult time and need to try to relieve some of this financial stress.

The Social Security payment is basically child support, no order for child support was entered at the provisional hearing; I told the judge that she has that. It was my understanding that parents in arrears are jailed if they refuse to pay. Do I have any options here? I want to be able to make sure I'm not getting behind, especially as this divorce is dragging out.What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

I would call SSA at 1-800-772-1213 between 7 a.m. and 7 p.m. Explain to them the specifics. If they feel her money is being mismanaged, they can require he substantiate the last Payee Report or request an in person audit at the local office.

Social Security Administration - Representative Payee Program

Here are examples of permitted expenditures.

 

[dadda11o]

Thank you. I filed a written report with them in 2003, as he would not take them for routine medical/dental, etc. One daughter needed a root canal at age 8. I ended up paying for a lot. When I applied to change the representative payee status, I asked them why nothing had come of that report....on their website, it says they look at prospective payees carefully, but then it says that almost anyone would be approved. I am doubtful whether they would do anything, especially as I filed that report and, although I provided a copy of the custody papers and such, they just rubber-stamped whatever he told them and kept sending him the money.

I would just like to collect what I am owed so I have some hope of getting out of here.

 

[OHRoadwarrior]

If you have let it go for 8 years, it seems you were content also. We do not supervise the SSA. We have no way to evaluate whether he is properly disbursing the funds or stealing them. If you don't get the SSA to audit his reports or choose to make you Payee, you will not accomplish anything.

 

[dadda11o]

I'm not talking about 8 years ago.

In November 2010, I was awarded custody. In December 2010, I went to SSA with the paperwork and applied to be daughter's representative trustee. In January 2011, I received a letter that they wee going to continue sending her father the checks. In July 2011, my husband was ordered to pay the monies he'd received previously back to me "forthwith". The Court sent notice to SSA of the action and I assume, the judgment.

I am talking about the recent past and I am afraid if I do not act soon, I will be looking at it being too late. He is not making ANY effort to satisfy the order, which tells me that either he knows more than I do or he is taking a risk. Either way, I am accumulating bills for her that I should be able to use that money to pay off. I filed for a protective order years ago and it was slapped away by the divorce decree (I filed in the county I lived in and didn't know you have to do it where you were divorced).

If I have to pay attorney fees to get a judgment and then I can't collect on it, what's the point? I would have been better off with no judgment but also no fees to get it. I'm not really savvy here. I prefer to pay my bills, get along with people and not get into legal things. Thank you.

 

[mistoffolees]

I'm not talking about 8 years ago.

In November 2010, I was awarded custody. In December 2010, I went to SSA with the paperwork and applied to be daughter's representative trustee. In January 2011, I received a letter that they wee going to continue sending her father the checks. In July 2011, my husband was ordered to pay the monies he'd received previously back to me "forthwith". The Court sent notice to SSA of the action and I assume, the judgment.

I am talking about the recent past and I am afraid if I do not act soon, I will be looking at it being too late. He is not making ANY effort to satisfy the order, which tells me that either he knows more than I do or he is taking a risk. Either way, I am accumulating bills for her that I should be able to use that money to pay off. I filed for a protective order years ago and it was slapped away by the divorce decree (I filed in the county I lived in and didn't know you have to do it where you were divorced).

If I have to pay attorney fees to get a judgment and then I can't collect on it, what's the point? I would have been better off with no judgment but also no fees to get it. I'm not really savvy here. I prefer to pay my bills, get along with people and not get into legal things. Thank you.

If there's a court order for him to pay you the money and he hasn't done so, file for contempt.

 

[dadda11o]

Thanks; I will check into that. It was the original reason for the hearing.