Asked 1/22/2010
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Legal help ASAP I have been paying child support to my ex husband thrugh the child support collection agency. since the year 2000. i had a good job then so I was able to send a good amount to them. Right after I lost custody my ex husband and his wife refused to let me have any contact with my sons. I had a breakdown went into the hospital, then friends let me stay with them in another state 6 hours from my sons. I have tried along with my family tried to contact my sons. In the year 2005 I found out my son was in the marines. At that time I had gotten skin cancer 3 times as well as heart problems so I was unable to go back to court in Queens Ny to file za modification of child support. As soon as I was able I went to stay with a family member to start the proceedings. That was in Nov of 2007. It took 2 years to finally get my ex in court because he was avoiding the process servers papers. My income consisted of only SSd and 35% pension of his when he retired. Also CSCA was allowed to take out a % for child support. The rest went into arrears. My question. is. I also found out that my younger son too is in the marines. I did contact the marines on proof of the both of their emansipation. Also to despertly try to contact my sons. What do I do with this arrears? My ex husband was wrong to collect any monies from me. Will the judge help me in this. For I am in the middle of a court date. On Jan 28th. Please if anyone can help me I truely Thank You and ask for God's blessings. |
Answer 1/2 - Submitted 1/22/2010
I guess I have to be the bearer of bad news. It wasn't the father collecting support, but federal law. Federal law forbids any court from reducing child support arrearage. It will have to be paid. Do you have any idea how much you owe?
Are you implying the support was accumulating after your sons went into military service?
Everystate has a different policy on over[payment like that.
what you need to do is apply for legal aid. your case is far to complex and will require correspondence with diffferent agencies for record seraches, etc. you need a lawyer to do all that for you.
since you are living on air; you should qualify for legal aid
to find the closest office and apply use their website
www.lsc.gov
Answer 2/2 - Submitted 1/23/2010
The amount of areears went to $7,800. I have been on SSD for awhile. I did go to the Legal aid. When I went into see the lawyer. She didn;t listen to me about the arears and cut me off when I tried to ask her questions. She then became very rude and insulting. I got very upset and left her office. I did tell the director of Legal Aid what happened. I got so upset I just left. I am going to try and go back their again. I hope I have better luck. I in the past have had excellent lawyers, one even became a judge. But, as you see I cannot afford one. Do you think I can ask the judge to help me with this problem. After all she knows I have been trying for 2 years to solve this in her court.
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