Sister and mother of deceased mom spending my children's $2600+/month

Forums: Legal, Child Support, Custody, Child Rearing
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My ex-wife of 6+ years died over the weekend from cancer. In keeping with the same continued vindictive and uncooperative attitude, she refused to acknowledge when I took back full physical custody of my sons. This all occurred when she moved in with her sister and was unable to care for the kids and herself. I live in CA, have been given the runaround from the family court and it looks like up to 6 months before the slooow wheels of govt can stop the party of funds (over $2600/mo) from the fast exit of my paycheck to her bank account. What gives... now it's OBVIOUS the whole 'for the children' sob story is a scam. I guess 'heck with the children' is more like it if they're with dad now.. 62% of my paycheck is garnished. Now I have even MORE meal, transportation, childcare costs and the same siphon only now these sick people on her side of the family want to try to keep up the gravy train and live on my hard earned wages like she did for 6+ years. Any hope for a chance to stop the siphon... 6 months is ridiculous. The recorder for one said 4-6 weeks to get a death cert. Then 4-6 weeks for a court date then who knows where it bottlenecks next...

Ideas?!?

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Type: Discussion • Score: 4 • Views: 1,586 • Replies: 17

[+3] - jcboy - 12/05/2013My thoughts as well. I think the only legal way would be for one to have a power of attorney.

@thingspass,

close your account and consult with an attorney.

1 Reply

@thingspass,

Get another lawyer. 4 - 6 weeks for a death certificate is bullshit. It should be more like 4 - 6 business days.

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@thingspass,

I've seen family court idiocy, not quite from afar, and it was the court that arguably was the ruiner.

Anyway, on your complaint I've no idea, but agree with Rockhead.

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@Rockhead,

My account?
My account is my job where they extort/garnish 62% from my check every 2 weeks.

1 Reply

@jespah,

Uhhhh, exactly, thanks

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@thingspass,

what does your attorney say?

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@Rockhead,

After spending 15+K to get NOTHING of fairness back in 2007-08 for these jokesters I don't really consider any of them to be MY attorney but to answer your question... the last attorney I used said $500 to draw up a stipulation that I took custody. The ex of course denied signing. Then option 2 was for $2500, go to court in 4-6 weeks and present my case. I chose to wait for her death which has now come to pass but now the govt people are not so fast to assist. I'm sure any of these bozos would love the $2500-$5000 retainer but after they could not even so much as to get me half of child tax credits or even half the driving distance for visits I have NO faith of their influence or desire to help my family when I am the head of household.

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@thingspass,

until you get an attorney, nothing moves faster.

I'm sorry you had poor luck before.

I don't care much for the profession myself, but that's how life works.

or you can keep asking folks on the internets and see what happens...

1 Reply

@Rockhead,

The family law court system has no merits from what I've experienced directly. By the time the good folks at DCSS cut off this income siphon, the theives will have stolen another almost $16,000 (6 months of garnished wages) from my children. THEY need that money, not more pain and suffering as a result of this nonsense! I continue to inquire with "the internet" and also my direct contacts. MUCH cheaper than throwing another $15K into the hands of more uninterested, unethical family kangaroo court attorneys. Life, by the way, is QUITE different in other countries around the world. The U.S. leads the way in heavy-handed and damaging deals in the circus they call family court much like anything/everything else- medical, financial, war profits, prison profits, but I digress.

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in 6 months sue for the funds to be returned. Until then, you're stuck in the system. 4-6 weeks for a death certificate is crazy. I had one within a week when my dad died. You need the death certificate to do to much business.

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Put them on notice that you intend to sue for the return of any funds which cannot be proven to have been spent for the benefit of the children. Tell them they will be required to produce receipts of clothes, school supplies, food, medications and transportation. (That's how I provided proof that I was providing more than half of my children's needs. )

Joe(good luck)Nation

1 Reply

@Joe Nation,

To make it very clear, I have my kids. I had them immediately after mom moved in with her sister which was over 6 weeks ago. There should be ZERO money spent out of these automatically garnished funds! That money is court ordered for child support and alimony ONLY, not for mom's relatives to touch or try to justify spending. The relatives NEVER had and never will have custody of my children so it is ALL THEFT if touched. They will be put on notice - thanks for your input!

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@thingspass,

having slept on this, I have another question.

if your former spouse has died, and the checks taken from you are being sent to her, who are you worried is spending your money, and how would they not be in obvious violation of the law, cashing her checks after she has died?

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@Rockhead,

My thoughts as well. I think the only legal way would be for one to have a power of attorney.

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@Rockhead,

In 2007 the policies of DCSS had expanded to include garnishment of wages from the start - so I never had a chance to 'miss a payment'. Also with the technology advancement everything is done digitally. The funds are direct deposited to the 'custodial parent' bank account. No sending or cashing of checks is needed.

Sister and mother of deceased mom spending my children's $2600+/month

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