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child support and spousal support per court order

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  • child support and spousal support per court order

    I have an order for spousal and child support, however a judge amended it directing payments to clerk until I made myself available to the court. That was done, then the judge said payment was to continue in the way it was being done. The way it was being done at this time unknown to me was my ex was sending payment in to clerk who was forwarding payment to me. Now I have asked judge to sign order for wage assignment, as this was how it was originally done, but judge has refused and now has signed an order having clerk send it to the clearinghouse. This will cost me money and more delay. Due to the change from wage assignment (payments being sent from employer to me), to my ex sending in payments, my ex has become over $10k behind what was ordered. I was thinking about filing a writ of mandamus as both fed and state statues say wage assignment is to be done after order is issued for support. My attorney is useless and he is in along line of predecessors as this is a political case. Any suggestions or familiarity with these issues is appreciated.

  • #2
    I have an order for spousal and child support, however a judge amended it directing payments to clerk until I made myself available to the court. That was done, then the judge said payment was to continue in the way it was being done. The way it was being done at this time unknown to me was my ex was sending payment in to clerk who was forwarding payment to me. Now I have asked judge to sign order for wage assignment, as this was how it was originally done, but judge has refused and now has signed an order having clerk send it to the clearinghouse. This will cost me money and more delay. Due to the change from wage assignment (payments being sent from employer to me), to my ex sending in payments, my ex has become over $10k behind what was ordered. I was thinking about filing a writ of mandamus as both fed and state statues say wage assignment is to be done after order is issued for support. My attorney is useless and he is in along line of predecessors as this is a political case. Any suggestions or familiarity with these issues is appreciated.

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    • #3
      Wow, you sure have a chip! Just for the record, I have a life threatening disease due to injuries I sustained from my abusive spouse. Before which time I was persuaded to give up a business I loved and very successful at as part of his controlling behavior. Leaving me physically and financially disabled. Maybe next time you will ask before jumping to negative conclusions!

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      • #4
        One more thing, that is evident of your ignorance...I am a natural born citizen of European decent, of several generations!

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hed:
          Wow, you sure have a chip! Just for the record, I have a life threatening disease due to injuries I sustained from my abusive spouse. Before which time I was persuaded to give up a business I loved and very successful at as part of his controlling behavior. Leaving me physically and financially disabled. Maybe next time you will ask before jumping to negative conclusions! </div></BLOCKQUOTE>

          Maybe Next Time You will Tell Your story in Its entirety??? Do Not Blame ignorance. Is Up To you!!! Here is Another piece of advice, Those Of fraud Prey on compassion! Boo hoo I Am sick, Etc. Over 100 Regular posters Here! Seen Everything!!! Blame Those Of Fraud That Use and abuse!!! Wolf!!! Wolf!!! Wolf!!! Understand???
          USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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          • #6
            Now if anyone has any valuable suggestions, your reply will be appreciated! I am not sure if the judge signed the order of not. I think I am going to write a response to the opposing attorney's letter to judge that is filled with lies. My husband's sister went clubbing with the judge who wrote the order redirecting payment. This is the same judge who did away with a protective order against my husband after he was abusive towards me and my son from a previous marriage. The judge refused to recuse himself. It is so wrong for my husband to be allowed to become further and further behind when an order for support was gotten two years ago following my second heart surgery from the injuries he bestowed upon me!

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            • #7
              You accuse me of not giving whole story, which was not a part of my question, then say I am guilty of fraud because I justified my need for support? Where are you coming from? Only abusers blame the victims!!

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hed:
                Now if anyone has any valuable suggestions, your reply will be appreciated! I am not sure if the judge signed the order of not. I think I am going to write a response to the opposing attorney's letter to judge that is filled with lies. My husband's sister went clubbing with the judge who wrote the order redirecting payment. This is the same judge who did away with a protective order against my husband after he was abusive towards me and my son from a previous marriage. The judge refused to recuse himself. It is so wrong for my husband to be allowed to become further and further behind when an order for support was gotten two years ago following my second heart surgery from the injuries he bestowed upon me! </div></BLOCKQUOTE>

                Where? When? How? Some states You Are S C R E W E d !!! Great posters Here! Not Uneducated! your Situation Would Require detail!!!
                USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hed:
                  You accuse me of not giving whole story, which was not a part of my question, then say I am guilty of fraud because I justified my need for support? Where are you coming from? Only abusers blame the victims!! </div></BLOCKQUOTE>

                  Be yourself!!! Explain In Its entirety!!! You seek answers, Provide More Information! No attitude!!! You are Talking to 100!!! So Far Your Words Are not on your side!!!
                  USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                  Comment


                  • #10
                    Ignorant to the medical term for a collapsed lungs is atelectasis or air space disease! Injury to heart valves from surgery...valvular disease.

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                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hed:
                      I have an order for spousal and child support, however a judge amended it directing payments to clerk until I made myself available to the court. That was done, then the judge said payment was to continue in the way it was being done. The way it was being done at this time unknown to me was my ex was sending payment in to clerk who was forwarding payment to me. Now I have asked judge to sign order for wage assignment, as this was how it was originally done, but judge has refused and now has signed an order having clerk send it to the clearinghouse. This will cost me money and more delay. Due to the change from wage assignment (payments being sent from employer to me), to my ex sending in payments, my ex has become over $10k behind what was ordered. I was thinking about filing a writ of mandamus as both fed and state statues say wage assignment is to be done after order is issued for support. My attorney is useless and he is in along line of predecessors as this is a political case. Any suggestions or familiarity with these issues is appreciated. </div></BLOCKQUOTE>


                      Hello Hed

                      Welcome to the ILW forum.

                      YOu have come to the wrong forum for advice on your situation as you have described it. You have detailed your case perfectly fine. Your help should be coming from a legal forum/ family law forum. This is an immigration forum.
                      If you have an immigration question, we will be happy to try to answer it 4u.

                      Some factors in your case will depend on what state you are in for both the spousal and child support.

                      My best suggestion to you is to get an attorney fully experienced in family law to remedy this problem. Your attorney is not experienced. Wage attachment cannot be ordered unless the defendent is in arrears. Most are in arrears by the time the case is heard. A saavy defendent will make payments to the case so that it is not in arrears when case is heard, and therefore avoiding wage attachment. However, the moment that it would fall behind, a wage attachment order is set in place and will not be removed.

                      This is where your case is right now, and if your husband is employed, wage attachment should be in place because of the default and arrears.

                      Whatever condition you have is not relevent to this forum discussion, but I am sure it is the reason that spousal support was awarded to you. I will assume that you had an abusive spouse that physically beat you and end result was a collapsed lung which caused many more problems relative to pulomnary disease. This is very unfortunate for you, and I wish you well in healing.


                      <span class="ev_code_RED">@ Davdah</span>

                      Come on Man.. is this any way to greet a newcomer... Be nice Michael and put Hudson's crystal ball away.

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