Structured annuity payments to be gambled

[SBCheek]

What is the name of your state? CALIFORNIA, "2005 Structured settlement protection laws" say Father cannot sell payments iF "not in the best interest of the" child. But how can I enforce this? I can't find an attorney.
College fund, all workmans comp for life gambled.
I would do this all myself but he can be a threat. Is there some attorney that can show all in the case that comes up before the cash in.. the petition to cash in?
I am in San Diego.What is the name of your state?

 

[ALawyer]

I am sort of lost. Please let me know if I have this right. You're a minor child? You were injured? A structured settlement was issued to benefit you? Because you're a minor your father has control of the money? He wants to sell the structured settlement for a lump sum and gamble away YOUR money that was to be used to support you? You want to stop him but are afraid? Or did he get the structured settlement for injuries to him and wants to sell it and you know he will waste it?

If the former, your unhappy choice is to confront him now or wind up losing the money. A lawyer is not a magician and won't be able to both protect you and make an addict happy.

 

[SBCheek]

lost all to gambling

I guess the latter is more true... I am guardian to a child I raise with the father.
He was burn victim. Workman's Compensation (CA) Paid medical and income for life. That he gambled away. (That was partially the child's money as I am told). The child's college fund, gambled. Social security check is very tiny as it was supposed to be supplementted by work. comp. income (lost).
So.. One structured settlement supports us. Fixed.. A NH company. We are in CA. J G Wentworth is arranging to take payments so father has a lump sum.. that will be gambled. The '05 protection Insurance code laws state that all is null and void if not in the best interest of the dependent(s). But how does one enforce this?
I have already tried; Dept of Ins., Annuity life Co., attorney arranging, J G Wentworth, DA.
The Dept. of Ins. tells me the law states "The attorney general MAY help." They stress "May". Well the doors are huge and locked.. and I can't find a soul to talk to. I called many attornies.. but no one does this work.
I think I just need to talk to the judge in the petition. I have evidence. But how do i do that?

 

[Dandy Don]

Is this a man you are married to or to whom you are divorced from or are you not married to him at all?

Does this father have visitation rights or spend any time with the child?

Did you have an attorney when the terms of the structured settlement were drawn up?

You need an attorney (perhaps one experienced in business law) who can step in and negotiate with the asset holders/structured settlement money/account holders to set up a trust account for any monies to be placed in so that the father will no longer have access to it--he has breached his fiduciary duty and there may be a way, in court or out of court, to have his authority removed and replaced with someone else.

DANDY DON IN OKLAHOMA ([email protected])

 

[SBCheek]

Structured in OK, & in CA

Hi there,
Thanx for writing. What you say sounds a bit round about and complicated.
IN CA I am told that a person has to be declared incompetent to get this done, and I was told by our attorney that this is impossible. This attorney tried and found that if a person can state their name and date, a judge will leave all in thier hands. I am told that this idea is out.
So, we are back to the new 2005 Structured annuity protection Insurance code (CA). This simply states that these payments cannot be sold.. or cashed in with another company if not in the best interest of his dependents (child).
So The dept. of Ins. (CA), tells me that they do not get invloved with this aspect of insurance code. But they tell me that law states that "The Attorney General may help". They stressed MAY. Some attornies tell me they don't do this, and others say I don't need it., "it is just enforcement".
So, I go to the Attorney general's office and cannot even get in the door. Nor are they even listed for contacts (San Diego), but ARE the southern district for the US Attorney.
I have lost contact with one friend in the Attorney Generals office.
Someday, with all these new companies popping up to take folks fortunes, with a 40% fee, there may be a route to stop it easier. Now it is all closed and locked doors. Families have NO protection from gamblers here in CA. And Casinos everywhere here do nothing but take money.
I have a feeling, if the law limits here what can be done, that it is just a matter of getting evidence to the judge in the petition. This is not only for his child's well being, but his own as well. The monthly payments pay bills and all the extra is gambled.. so we are so fortunate to have periodic payments. I am guardian to the child since a baby.. and we own a home together and raise the child. I have asked the biological mom to get more invloved.. as she still has legal custody (not physical) and is a person who cares for the child.

 

[Dandy Don]

Please don't call my advice round about and complicated when it is much simpler than you think, and you were advised possibly incorrectly--incompetence is a separate aspect that has nothing to do with your particular case.

You still have not answered the question of did you have an attorney involved before the structured settlement was made? Even if the structured settlement did not specifically designate how much this man was supposed to spend on his son, the fact that it is now gone is a breach of fiduciary duty and possibly even theft. How much money did the man receive in the beginning?

The fact that he has mishandled monies that didn't belong to him leaves him open to legal charges for the misconduct. You may have to sue him, but there may also be a way to resolve this without going to court.

How did you find out about the structured annuity protection insurance code? This may or may not apply to your particular situation, and even if it does apply, there are legal ways around it to achieve what you want. You can't get any progress without having an attorney. The district attorney can not waste his time on cases that can normally be handled by a regular attorney.

Post your question to lawguru.com (another free legal advice website) and if you mention what city/county you live in you will receive professional responses from local attorneys interested in your situation. A business law attorney or family law/guardianship attorney will probably be able to help you with this but before you hire ask for a reference from a client for whom they have handled a similar case in the past, or the names of specific cases they have handled that have dealt with structured settlements.

 

[SBCheek]

I am trying....,

Dandy Don, to get an attorney who seems to know the ropes on this.
Actually, it was his annuity settlement company itself that steered me to the '05 Cal protection codes, but can advise me no further.
Some attornies seem to know the ropes and have given me phone numbers I will try.
I can't sue this man, as he is dangerous. In fact, I have to be discreet about any of this.
It is for his own well being that all know the facts.
Yes, he had an attorney at the time of his accident (out of state) , set this up. The man came here, and held his head in his hands when he saw the mistakes he made by not making things more secure. That attorney is in shock.
I am in San Diego CA. The attorney cashing in for him tells me he does "Not care" about the problems he is causing for dependents. He is only out to make some money.
Morgan Stanley evicted him and anything he had left for unethical behavior a year or so ago. He gambled all that was with them and left over.
I have a friend, a tax attorney who was once Attorney General in New York District, now here helping on some other matters.. he may be of some help.
I have talked to some business and family attornies that say they are not familiar with it. One man called.. very familiar.. from Conn. But he is in Conn. He knew some CA ATT GEN people who do just that.. oversee contracts for legality.
I know I seem helpless. But I will keep trying all avenues to protect this income. If I fail, I have no idea what will happen to his child (I am guardian since a baby). The father will have to leave here. I see many of these gamblers penniless out here. I am sick of it. I need surgery soon and hope to tie up loose ends before that, so have put it off a few months. I want the child to have security if I am not around, and have asked the child's biological mother to be more envolved. She has legal custody and is going to court for visitation rights in a month. Thank you so much for you words.

 

[SBCheek]

I did it myself

Dandy Don and readers, I am in CA. I have been sick and I tried and tried to find an attorney. Finally, 2 took deposits, but then refused to help me. One kept the file. I found out that it was illegal for him to keep my file and got it back. So I decided to represent the family my self. I included all proof of the gambling misuse of all support from State Disabilty, and all other relevent matter to the judge five days in advance of the case. The Judge read it and denied the transfer of funds in this case, keeping them safe for the future.
A battle won, but not the war yet. I understand the Wentworth" Henderson" people are seeking another judge to get hold of his payments. I wish CA had better ways to stop this structured settlement transfers.
Thanks for listening.