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Asked 7/31/2009

HELP! My Ex is on Workman's Comp and I am not receiving my Court Ordered Child Support payments! What do I do?!

My Ex recently got injured at work and is now on Workman's Comp. My questions are...what exactly has to be done in order for my court ordered income deducted payments to resume with his Workman's Comp paychecks? He has also acquired a lawyer as well (I'm assuming a WC lawyer). I cannot seem to get a straight answer out of my Ex reguarding this. He claims everything has to go through his lawyer, which worries me because his child support has never been a priority to him so I doubt he even informed his lawyer about it in the first place. Should I make an appointment with my local Child Support Enforcement or obtain a lawyer myself? What, if any, are my other options? Also, if he falls behind, can and if so how, would I go about putting a lein on any possible future settlements that he may incur from his "injuries"? Thank you sooo very much for any and all answers pertaining to this!

 
 
 
 
 
Answers

Answer 1/16 - Submitted 8/1/2009

You need to notify the local DA in charge of CS collection of the pending WC claim so s/he can file against it. If your payments are already going through the central depository in the state of Florida, his arrearage will be automatically seized, but make sure by notifying the local DA as instructed above ( in the jurisdiction that has the order) If he pays your directly, the revenue department will have no notice ( I hope you haven't allowed that circumstance) If he is paying your directly get that changed immediately.

 
 

Answer 2/16 - Submitted 8/1/2009

Thank you so very much for taking the time to respond to my problem! I just wanted to clarify the fact that I had been recieving my Child Support payments via "garnishment" or income deduction order straight from his paycheck into our "account" which is then distributed to me by means of Direct Deposit from the State of Florida State Disbursement Department. At no time has he ever given any form of Child Support to me directly as he would never voluntarily do so which is the whole reason I initiated support in the first place. I called the courthouse and discussed this with the proper department and all they would tell me is that if he is late, they will notify him and that is all they will do. She said it would up to me to take it any further with the court. They said it was up to him to notify WC about his court order to pay Child Support. If I wait for him to inform them, it will never happen therefor, am I correct to assume that when you said his arrearages will "automatically be seized" through the Central Depository in the State of Florida, that this means they will intercept any income provided to him and distribute his CS accordingly since we already have it set up that way with the state disbursement? Is it already a "done deal" and just a waiting game now? This is all so confusing. I don't want to come across as being a vampire as I am not out to get him but at the same time, I am a single mother making $16/hour with a mortgage and bills to pay just like everyone else. Thank you again for your input!

 
 

Answer 3/16 - Submitted 8/2/2009

Again, have your attorney file ( or go tot the DA in charge of child support enforcement) and ask his office directly if he needs to file a notice to the WC ( though I think the department of revenue is the best apporach)
The speaky wheel gets the grease.
I am fairly certain, any funds that are directed to him from any government enitity will be seized for your child support BUT only if he is behind. That may be what they were trying to tell you, if he is current, then they will only seize what he currently owes.
I see hwat you are worried about
he is current
then he gets 'a big settlement
which is not seized because he isn;t behind
then he doesn't work
you don't get paid
and he keeps all his settlement money
and I will bet that is exactly what his attorney has advised him: keep current for the time being
SO, you should ask your attorney IF Florida courts will allow you to seize a portion of his settlement because it is not likely he will be able to pay int he future. All you can do is ask ( via the court).
If the nature of his injury will preclude him from his regular employment in the future, the courts may just do it!

If he is behind, do as I suggested above, even conatct the department of revenue and check to see if he is subject to seizure according to thier records.

 
 

Answer 4/16 - Submitted 8/30/2009

Maybe you should think about getting a job also ? and stop trying to look for a hand out ?if the guy got hurt why are you only concerned about money never herd you say i hope the father of my children is okay ?ummm if im wrong then im sorry ....but seems to me your about how can I get this or that has your children been taken care of before this injury by him or you or both ? ive had bad experence with WELFARE MOMS sorry that try to play poor little me and make a working mans life hell

 
 

Answer 5/16 - Submitted 8/30/2009

Always the mans fault ? when it comes to child support is that what im hearing what if the women was unfaithful or a drug addict or refused to work but wanted kids just so she could sit home and do nothing ....it happens and then they moan and groan when the guy cant make a payment or two for what ever reason when will we as a country wake up and stop letting certain low life women get away with this ? they play the system and no has the balls to speak up about it ?

 
 

Answer 6/16 - Submitted 8/30/2009

Madashell2 response is totally inappropriate to this womans question. you have no right to impose your own negative experience on other people. Simply because are miserable you have no right to impose your distress or experience on other people.

 
 

Answer 7/16 - Submitted 8/30/2009

Thank you to this user who is very professional and knowledgeable and answered my questions clearly and specifically! I appreciate all of your help! Everything seems to be on the right track now!! Thanks again!

 
 

Answer 8/16 - Submitted 8/30/2009

No my answer is not wrong i didn't hear this person say anything about the well being of the father (medical bills how he is paying for himself his rent food or any of that ) just how she can get get get from him if she had said something like hes a good man and has worked hard and fell a little behind and i dont want to do this but if i have to do this WHAT SHOULD I DO ? then i say ok she has tried to be fair about it SRD sir you have alot of so called experience maybe so much you have lost sight of right and wrong ? there are alot of good women out there that deserve child support and welfare but if that's the only thing they live for there's a problem not all women are that way nor do suggest this one is but why didnt i hear any fairness in her statements (like he is the father of my children and i hope he is okay even though we have gone different ways ) and yes if he owes child support he should pay

 
 

Answer 9/16 - Submitted 8/30/2009

Worker's Comp exusts through statute to allow people hurt at work to continue to support themselves and their families. If he is not voluntarily paying his child support while he is receiving worker's comp , then it is her duty to see t it that HIS children are being supported.

 
 

Answer 10/16 - Submitted 8/30/2009

Im only saying this .....to be fair when it comes to these matters and not just jump on the band wagon of child support..... because its not always what it seems.... the children that do deserve child support and welfare i say YES 100% they need help and we as men need to do our best to take care of our responsibilities and see to it that they get it .Do i have a bad attitude towards this person or others like her no i should hope not but please understand we as a country need to find the ones that cheat the system and take food away from those that do deserve it .....but it seems we dont put any effort in that we just blaket it with the name child support to make it sound effective to our senses its a touchy subject i know ive been taken advantage of by a women the state and now that im disabled the state takes my money from me out from my bank account 18 thousand for 2 payments behind ive paid on this for 25 years NEVER MISSED ONE PAYMENT ? does that sound fair to anyone ?

 
 

Answer 11/16 - Submitted 8/30/2009

The reason i fell 2 payments behind ? will this so called child support was being taken out of my work comp checks .....well work comp stopped and SSD started it took 2 months for that to take place .....that's how i feel behind ....also was moving in that time frame BUT before that NEVER MISSED A PAYMENT....... IVE PAID 16 THIOSAND ON A 14 THOUSAND DOLLAR BILL in the last 25 years so how can you tell me thats fair or right ? its not child support its fraud and the state has made me pay for her fraud because they think she has nothing to go after

 
 

Answer 12/16 - Submitted 8/30/2009

Im done trying to explain this im sorry if ive gotten carried away with this to the lady going after your ex husband's work comp good luck take whatever the state will give you i suppose God help us all i dont mean to offend anyone

 
 

Answer 13/16 - Submitted 9/4/2009

Okay ive said all along that what happen in MY CASE was not child support BUT welfare fraud committed by her and Ive contacted my STATE REPS they seem to agree child support has contacted me and we are starting the process of getting my money back THE TRUTH DOES MATTER thank God as ive said all along child support must be paid to those that deserve it ....not people that are dishonest we as a country must take care of these kids and make sure those that are responsible do there part ive gotten very madd in the past few post for that ill say im sorry but fair is fair

 
 

Answer 14/16 - Submitted 9/4/2009

SRD sir you have a very impressive back round sir .... and seem to be very knowledgeable about CHILD SUPPORT but sir i tried to explain to you this is not child support in MY CASE i maybe counting my eggs to soon also we have only started to talk about the money they took from me BUT i kept saying it was WELFARE FRAUD COMMITTED BY HER i had no knowledge of it until i got served paper work to go to court then she lied to me again and said the court date was to give me the chance to deny that my daughter was mine or not sooooo she (the mother ) said that the money the state wanted was for the birth of my daughter so i said well okay ill be happy to pay for the birth of my daughter and for over 20 years i paid (call me stupid) i thought i was doing the right thing ....i trusted this person ////she used me for many years anyway thank God this may work out for the best

 
 

Answer 15/16 - Submitted 9/17/2009

I would like to apologize to anyone that ive offended here its not right for me to get to carried away about this....... times are tuff enough for all of us ..........all im saying is we need to help the ones that really realy need it............. thank you

 
 

Answer 16/16 - Submitted 9/22/2009

To madashell2 : I am sorry that you were done so badly by your other half, but I am a single mother who has had one of the bad ones. I have been divorced from him for over 13 years now and have three children by him. He has never had anything to do with them, with the exception of once a year around Christmas time for about a half a day. I have begged him over and over again to please come and spend time with them, but he always has an excuse. How do you think I feel when my youngest son says to me, "Mama, I don't even know what it's like to have a dad." I have worked to up to the point that my daughter once told me, "Mom, I can't remember you ever being at home with us when we were little." That is because I was working just to survive. You should see what all he has; he goes where he wants and has money for what he wants, and even a big nice house with very nice furniture; while my children have just enough to get by. His response is, "That is what child suppot is for (the children ) not to pay the house payment or the utilities." After I pay these bills with the child support and my income, there is never much left for them. My house payment is not that much because we don't live in a very big house, but it is a fact that it costs a lot to raise children. For example: school , clothes, food , shelter, and healthcare. Now that he is on workmens' comp, I am on the verge of losing my house because the hard economic times has hit me also. So, Dear Sir, I know that it has been hard for you, and you are right to say that not all of the women are just setting at home waiting for child support. I hope that the good women can help you understand that we are not all bad. This women to whom you responded might also be in this same spot and all she is trying to do is take care of her children. So please, have an open mind.

 
 
 
 
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