have a lawyer who is handeling some custody matters. I went to child support, because I heard that they were able to enforce the child support order. My lawyer wants to have a meeting with me tomorrow, he wants to convince me to close the case I have opened with the county' Child Support, and let them enforce the child support. Are they just trying to keep the money coming for them? Or is it really a better idea to have the county handle this?
2006-07-31 13:10:17 · 13 answers · asked by lady 2 in Politics & Government ➔ Law Enforcement & Police
This is all new to me. The father has not yet paid child support and I am just trying to figure out which way it should be paid. I don't want it paid in cash. this is what he wants. he has two cases open already at child support. could this be a reason he doesn't want another open? he is three years behind in payments with his other kids
2006-07-31 13:34:34 · update #1
i don't care if he pays, i just want him to get out of our lives.
2006-08-01 05:34:20 · update #2
let the state handle it, it will not cost you anything and if the other party refuses to pay they drag him in court not you.
2006-07-31 13:15:30 · answer #1 · answered by cherokeeflyer 6 · 0⤊ 0⤋
Go to the meeting & ask him what the pros & cons of your choice would be. If you are currently receiving any type of county or state aid for your children, this could affect your benefits in a negative way if your ex pays the child support money to you, rather than directly to the County. Ask about this because it will have a direct effect on the lives of your children & even one month of having your benefits or food stamps held up could cost you the custody of your children. Sometimes it is better to have the County do the collecting & disbursements when you are unsure of your financial stability, especially if you do not have a job. If you are employed & NOT on any type of aid, then it may be better to have the child support sent directly to you or paid into a bank account that is set up for only you with a close friend or trusted relative being named as beneficiary in case of your death. It may be a good idea to have the children's names on the account, but you should ask your Lawyer about this, as it could make the children a "target" if you have financial problems down the road. Your Lawyer might need to refer you to someone who has experience in mediation. EDIT: You say HE wants it to be in CASH? This means that he does not want to declare this money as earned income because he getting paid "under the table" & would like to pay you that way also! This man is smart & stupid at the same time. You should do whatever it takes to insure that you will get the money that the Judge orders him to pay. With an account in your name only, he can make a deposit in cash, check, money order, electronic transfer, or any other way that the bank will accept. This is no longer about what HE wants........it is about what will get the money from point A to point B. You & the children should be spared the "details" of how or where he gets his money to you so that you can take care of the children. Nitpicking over "cash" is his way of manipulating the system & having something to hold over your head! Don't fall for it. Tell your Lawyer that you don't care if it's cash or check, just as long as it's put INTO an account that is in your name & social security number.
2006-07-31 20:47:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
if you are happy with the child support order, as is, there is not much your attorney could or should do for you. the child support agency can handle it. if the other party is objecting to the order or trying to have it modified it might be a good idea to have an attorney who is knowledgable in child support matters with you to voice your side. also, it is unclear if you are trying to enforce an agreed upon amount of child support, (possibly with deviations? as part of a negotiated divorce agreement?) or if you are just relying on past income from tax returns to be punched into a formula and have the amount of child support spit out by the agency. ?
2006-07-31 20:30:18 · answer #3 · answered by guppy 3 · 0⤊ 0⤋
let the county do it...heres why....
1. he charges money and state or county will do it for free..
2. if he goes to court the judge will be more lienient with him...allow him to negatiate to pay less or to stay out of jail or maybe not to keep more of his pay to get arrears paid.
the state (county) doesnt care and will refuse to listen to his side of the story (pretty much they seem not to care). They could take more of his check, his tax refund, his dr li, his professional li. Put him in jail....
and it will not be you doing it, it will be the state. That could keep him from being mad at you and causing a hassle that way.
bottom line, call your local support enforcement and they will nail him quick and easy...go through the court and he has "wiggle room"....
2006-07-31 20:19:45 · answer #4 · answered by nativeamerican1968 2 · 0⤊ 0⤋
If he's not paying child support for the other two kids, what makes you think you get to go in front of the line?
2006-07-31 21:08:22 · answer #5 · answered by tony 2 · 0⤊ 0⤋
I agree with the first answer, some attorneys don't adhere to their ethics code. Only you can be the one to tell if they are just prolonging the case to make more money or in your case not letting the county handle it....Good Luck....
2006-07-31 20:14:37 · answer #6 · answered by 345Grasshopper 5 · 0⤊ 0⤋
Attorneys have an ethical duty to advise you of all your options, and to let you make the final decisions. The lawyer also has the duty to act in your best interests in offering advice.
Sadly, not all attorneys diligently adhere to that duty.
2006-07-31 20:12:59 · answer #7 · answered by coragryph 7 · 0⤊ 0⤋
Just ask him why it is better, and ask what about the money, I don't think he can keep money from child support
2006-07-31 20:14:46 · answer #8 · answered by class4 5 · 0⤊ 0⤋
keep the case open the county will act as your atty, and do it for free
2006-07-31 20:15:51 · answer #9 · answered by robert899295 3 · 0⤊ 0⤋
If you think the laywer is trying to trick you then get a second opinion.
2006-07-31 20:14:24 · answer #10 · answered by Lief Y 3 · 0⤊ 0⤋