Check out some similar questions!

alohagal · May 20, 2008, 12:14 PM

After my divorce in 1988, the court ruled for my ex-husband to pay $500. A month for both children. I received a document last month (I requested), from the court that says his balance due to me is $280,000! He lives in another state, we do not communicate. However, his mother is still living and has quite a large estate, and he is in the will, but I do not know if he will be left anything close to this amount. A friend said to go to the D.A. get a copy of the records and his balance owed, and send it off to his mother's attorney. Should I sent a copy to his mother's attorney, and can they garnish any money that she may have left him before he gets a cent? This would be of course after her death. He has skirted every attempt over 20 years, and now is on disability, so getting anything out of him is basically impossible, so any info on how to "attach" this debt to his mother's will, or how to try to attain any of this money we need so desperately... Any suggestions, etc. we really can't afford a lawyer. THANK YOU!

Fr_Chuck · May 20, 2008, 12:22 PM

First sending notice to another attorney is only telling them to move things around to protect their interest, remember their attorney works for them not you. Since they could move the money to a trust or something if they know you are coming after it.

Why is he not in Jail, why are you not taking this to child support enforcemnet?

alohagal · May 20, 2008, 12:43 PM

He did serve 3 years for non-support about 10 years ago, and every attempt to get information, etc. from our local D.A. in the last few years has lead to a dead end. However, even being incarcerated didn't help, we thought he would begin paying after that court decision. You can't get blood out of a turnip, so that's why we thought if we could send this child support record to his mother's lawyer who handles the estate, hoping to be able to get whatever he will be left in the will. Maybe they can "attach" this outstanding debt owed to me?
Believe me, I have tried, but the ex in question is in Hawaii and they are not helpful in any way, so I thought the only way to get anything back is through his mother's will, but how is that done? Thanks again for your help on this...

cdad · May 20, 2008, 01:05 PM

Im still trying to figure out how it got to $280,000. $500 a month over 1 years time is $6,000 times 20 years is $120,000. Is there interest involved ? Was any credit given for being in jail ? Best to figure it all out before you go asking for anything. The other thing is like FrChuck said.. if you tell them your coming for it your less likely to see anything from it because it can disappear in a heartbeat.

alohagal · May 20, 2008, 01:45 PM

My apologies, I reread my post, and I meant the judge's ruling was $500. Per child per month. The older child was taken off in 2001, (when 18), so it was $1K per month from the beginning, and the $500. Mo. Was for my son, which ended two years ago when he turned 18. However, the Dist. Attorney said the interest just keeps on mounting, far more than one could image! When he was incarcerated, I believe they did take off some arrears, but believe me, the amount, arrears, interest, penalties(?), all adds up to that $280K amount... Believe me, it staggers me too when I saw the papers!! It's very hard with the sole survivor of the will, and she's not on the best terms w/her wayward son, and they do not communicate.

stinawords · May 20, 2008, 03:21 PM

As said it would not be a good idea to send a letter to his mother's attorrney. Have you tried contacting an agency such as support kids or another of the same sort? They do keep a percentage of what they collect but at least you wouldn't have to pay for your own lawyer. If he was able to get out of it for this long then there really isn't anything you can do until his mother dies (not that I would wish for that). If she dies and he does get a settlement you can get some of it but not until it has gone through probate.