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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90314
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
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I WON A LAW SUIT IN YEAR 2000 FOR MY SON HE IS 18 YEAR OLD

Customer Question

I WON A LAW SUIT IN YEAR 2000 FOR MY SON HE IS 18 YEAR OLD KNOW HE GOTS CELEBRAL PALSY THE JUDGE IS REAL MEAN WE ME AND THE CO GUARDIAN OF MY SON PROPERTY THEY HAVE ME A LOT OF DEPRECION AND TAKING MEDICATION FOR MY NERVES IF THEY KEEP UP LIKE THAT THEY ARE GOING TO KILL ME I HAVE HART PROBLEMS I DONT KNOW WHAT DO TO I NEED HELP ASP I CAN TAKE IT NO MORE I HAVE TO GO BACK TO COURT ON THE 22 AND THE ARE GOING TO OSTEGAITME AGAIN I NEED HELP CAN SOME BODY HELP ME MY SON IS OLD READY 18
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
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Customer: replied 4 years ago.
I WON A LAW SUIT IN YEAR 2000 FOR MY SON HE IS 18 YEAR OLD THE JUDGE AND THE CO GUARDIAN OF MY SON PROPERTY HAVE ME IN A STREES CITUACTION DRINKING PILLS FOR MY DEPRECION AND PLUS I HAVE HART PROBLEMS AND IF THE KEEP UP DRETING ME LIKE A PIECE OF SHIT AND STOCKING ME EVERYTIME I DONT KNOW WHAT I AM GOING TO DO WE MY LIFE I WANT THEM OUT OF MY SON CASE I NEED HELP FROM SOME BODY THET KNOWS HOW TO FIGHT THIS PEOPLE I NEED HELP PLEASE I CAN TAKE IT NO MORE MY SON HAVE CELEBRAL PALSY THEY SAY THAT THEY ARE NOT GOING TO LET HIS MONEY GO I NEED SOME BODY HELSE IN THIS CASE NOT THEM PLEASE HELP ME I DONT KNOW WHAT TO DO I NEED TO GO BACK ON THE 22 IAM AFRAID OF THEM BECAUSE THEY SAY THET IF I DONT DO WHAT THEY SAID THEY ARE GOING TO PUT ME IN JAIL AND TAKE MY SON AWAY CAN YOU UNDERSTAND ME KNOW WHY I NEED HELP
Expert:  Ely replied 4 years ago.
I am going to opt out of your answer and let another expert opt in to help you. No need to respond to this message. Additionally, you do not have to stay online – your question will remain active and an email will be sent to you as soon an expert answers it. My apologies for the inconvenience. You have not been charged. Good luck.
Expert:  Law Educator, Esq. replied 4 years ago.
Your previous expert has opted out, but I am afraid that the news is not the best for you. When you have a case where a disabled child was awarded money in a court action, the court will set up what is known as a "trust" for the child and will appoint trustees and guardians over that child's property. In most cases, if the court does not feel the parent is fully capable of managing the trust for the child (they are not being mean, they are looking out for the interests of the child, not the parent) they will appoint a co-trustee/guardian to make sure that the parent does not make any mistakes that could cause the disabled child to lose the money that was awarded in the judgment. This whole system is for the protection of the child, even though you feel like it is hurting you.

If the co-trustee is not allowing the money from the judgment to be used for the care and maintenance of your son, then what you need to do is get an attorney (aside from the one already involved if that attorney does not want to help) and go to court with proof of why the money is needed for the child and how the co-guardian is denying legitimate use of the money. But I am afraid this is your only recourse, because the court will act here only to protect your child, not you as co-guardian.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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Customer: replied 4 years ago.
EVEN THAT MY SON IS 18 YEAR OLD I CAN DO NOTHING TO CHANGE THEM AND HAVE SOME BODY ELSE THAT TAKES GOOD CARE OF MY SON HOW I CUT CHANGE MY JUDGE TO HAVE A NOTHER ONE THEY DONT GIVE MY SON NOTHING YUST 150 DOLLARS EVERY WEEK THATS ENOUGH FOR HIM THEY IS SOMETHING I CUT DO CAN YOU LET ME KNOW PLEASE
Expert:  Law Educator, Esq. replied 4 years ago.
Because your son is disabled, they will not remove guardians from his trust, this is to protect him. You will not be able to change the judge, the only thing you can do is ask the judge for an increase in the weekly amount and prove to the court the legitimate need for the increase in the amount. Again, the court is trying to protect your son, so if you prove he has a legitimate need they will increase the amount, if not they will leave it as is.
Customer: replied 4 years ago.
SO IT DOENT MATTER THAT HE IS A ADULT EVERYTHING IS GOING TO KEEP THE SAME WAY EVEN IF THEY ARE DOING THE THINGS RUN I CANOT DO NOTHING ABOUT IT I HAVE TO STAY HOME AND LET THEM DO WE ME WHAT EVER THEY WANT THATS WHAT YOU ARE TELLING ME
Expert:  Law Educator, Esq. replied 4 years ago.
He is a disabled adult and unless you can prove through medical testimony that he is capable of managing his own affairs without assistance from you or anyone else acting on his behalf they will not release the control of the judgment to him. The money is not yours to use, it is your son's and the court is protecting him, not you, with this arrangement. Thus, you need to provide actual proof of your son's need and not your need or want in order to have more money released.

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