Fraudulent Collections

M

Mike.mgm91

New Member
Jurisdiction
Alabama
My son is 6. He has been living with his maternal grandmother for the past few years. I've been paying child support to her as per court order. She smokes cigarettes in her house and around my son and because of that I have had my son with me at my parents house since December 14th 2015. I just recently recieved full custody of my son. My question is this: I've been paying child support for the past 5-6 month's even though my child has been living WITH ME. The child support was being paid through garnishments of my paychecks that started in October 2015. The mother in law has also been claiming my son on her food stamps even though he obviously doesn't live with her anymore. After everything in court was settled, DHR informed me that since they do not "hold" CS funds, there is no way of them paying me back the 1100$ or so that I've paid since my son has been with me and that I'd have to sue her. How should I go about doing this? Am I wrong for wanting this money back? It's essentially been taking money out of my son's mouth and it has put me in a slight financial bind. More so, I believe the mother in law has been fraudulently collecting the money because she is obviously aware that my son hasn't been living with her. Take note of this also, I don't owe anything to DHR, as I have a zero "balance". I've just been making my bi-weekly payments as per court order to avoid going to jail. Can anyone help me out here? I really don't want to sue this old lady, not only because I'm a nice person, but because I know she doesn't "have" the money. But at the same time, I also want MY money back.
 
During your discussion of your concerns, you answered your questions.
Good for you, mate.
Yes,you could sue her in small claims court.
When you receive your judgment, collecting becomes impossible.
She's probably on Social Security, welfare, a pension, and food stamps.
That makes her what lawyers call, a bluet proof defendant.
Translation, her income is untouchable, maybe.
Bottom line, you know she barely has enough for food and smokes.
You will expend oodles of effort and never receive a dime.

The good news is you rescued your son
Let it go, friend.
Just focus on being a great father and raising a great kid.
 
Until you had a court order stating otherwise, you owed child support. Likewise, as long as someone else was the legal guardian, that person could claim him as a dependent 9yes there are a few exceptions but none apply here). I have no idea how you would know what she is claiming in order to receive benefits.
 
I just don't understand how if she admitted to not having my son since Dec 14 2015 in court, how does that make it ok for her to continue collecting money from me. Dhr makes no sense.
 
I jist feel like I was taken advantage of by the state (for the pathetic 18.00 in interest per month th that they are owed) and by the mother in law for money because she doesn't want to work. However, she currently works at a gas station. Couldn't I have her wages garnished to repay me?
 
Mike.mgm91 said:
I jist feel like I was taken advantage of by the state (for the pathetic 18.00 in interest per month th that they are owed) and by the mother in law for money because she doesn't want to work. However, she currently works at a gas station. Couldn't I have her wages garnished to repay me?
Click to expand...


I know the truth is often hard for all of s to accept.
Nevertheless, mate, the only thing you can do is sue her, or anyone else you want to sue.
Suing because you have the right to sue doesn't mean you'll prevail.
Even if you did prevail, you'd have to collect your judgment.

It doesn't matter what you attempt to do now, there's nowhere left to go, legally.

Frankly, the legal system and our government can often be even more repressive than some dictator , chief, or king in a stinking, fifth world, cesspool of a country.
 
Because when you have a court order, the only thing that can undo it is another court order. The law expects that when circumstances change and a new arrangement is called for that you will follow the proper channels and amend the order with the court. There are very few times when a court order may be retroactive. Typically the soonest the order can be made effective is the date you filed the paperwork with the court. Had you filed December 14, it is likely you could have requested the new order be made effective that same day, even if it didn't get before a judge until a later date. Until the judge actually rules on it, anything can change, which is why you must comply with the order until that happens.
 
You will need to file in court to have a hearing so DHR will stop taking CS out of your check. That's the first thing you should worry about. I have some links on my PC at the house that may be helpful, so I will check back later and post those for you.
 

Share this page

Get a free case review from a lawyer
Back
Top