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Joined: Aug 2009
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I am a recipient of Social Security Disability. My exhusband from the State of Wisconsin is trying to hold on to my arrearage money that was OVER paid him beyond child support. The court due to an acknowledged error, is currently withholding money from my SS each month and my ex is trying to have the court continue to pay him that money and more for past bills/State Taxes, etc that do not pertain to child support, maintenance, or IRS debt.
To further clarify:
This is a total mess due to lawyer neglegence. There was child support arrears that were paid in full and overpaid my ex by 10 grand. SS sent the payments via way of the child support enforcement. A new court order must be obtained but my ex keeps throwing curve balls in the mix to delay and run up legal bills.
When my atty went to court in Wisconsin for the 3rd time to straighten this out, he walked out allowing the court commisioner to re-allocate my first son's benefits (by my first marriage) to my second husband and second son. The court commissioner was not aware of my first son at the time. As a result, the commisioner had set a NEW order paying my husband that money so child support sent another lein to Social Security. My atty has still done nothing about it while my ex-husband is still receiving part of my ss each month.
My ex is an abuser and threatened me that he would spend the rest of his life making mine as miserable as he could. We've been divorced for 6 years and it cost me everything to get away from him. He will continue this as long as he can and my lawyer seems to like to run up my bill even though I am disabled and broke.
This matter is still in court and legal bills mounting with an atty who virtually does nothing. Now my ex is making up bogus bills and such in an attempt to keep the money he's been over paid and to continue to get another 8 grand (the amount of my first son's SS money ) , that which was erroneoulsy awarded to him. The commisioner acknowledges the mistake but my ex is coming to court with past back taxes that were his in an attempt to make me pay half, in addtion to other bills most of which are not mine. In the meantime he gets more and more of my money each month.
The big question is: (And this is MY money we're talking about here, NOT the money awarded each child, this is my personal social security). I was told by an ex IRS agent of late of a federal law that claims unless it is child support related, alimony or IRS back taxes, my Social security is protected and can not be garnished for any other reason and that this commisioner is breaking the law.
I did locate the federal law and it does state just that. I've made my atty aware of it for 3 months now and he does nothing but find ways to run up my now 13,000 legal bill. He has scheduled a deposition between me and my ex. If this law is correct then none of this should be taking place and the case should be closed ordering my ex to re-pay the 10 grand he has already received. Is any of this possibly correct? My ex will continue to find any way he can to destroy what little bit of my life I still have.
I could write a fictional best seller as no one would believe the full and true story. This is only an example and I keep getting stuck with bad lawyers.
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Maltesemum
08-03-2009 @ 10:52 PM