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mkc1959
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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A judge makes a court order several years ago. My ex wife and

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A judge makes a court order several years ago. My ex wife and myself have rotating custody but there have been times she was not able to take care of our two boys. The boys each receive Social Security dependent benefits but my ex wife or I alternate as representative payee. Court order says if one person receives for both kids he/she must give 1/2 of the social security money to other parent. I found out early that this is illegal and the money cannot be given to another person. Per mediation my ex agreed. Now she is in court saying I did not follow court order and I owe her $22,000.00. She had even signed a mediation agreement that the money for both boys should go to the parent who has temporary residential custody. looks like judge is going to rule for her. Is there a legal precedent which says parts of court orders that violate law cannot be enforced? Due to various circumstances I had residential custody longer than she did.

mkc1959 :

I would be glad to try and assist you. Unfortunately a court order that makes orders contrary to law can still be enforceable. This is under a doctrine referred to as "law of the case." But, such decrees are also subject to being "corrected" through a separate equitable action. I don't know what state you are in. In Texas, for example, the equitable proceeding is referred to as a "Bill of Review." Secondly, if the subject of the mediation was the distribution of the social security funds, and if there is a written and signed mediation agreement, then the Court should abide by the mediation agreement. The Court may resist following the mediation agreement under the theory that the children's interests were not represented in the mediation if there was no separate attorney for the children. But, if the funds were used for the support and maintenance of the children, then the court should be less inclined to rule in your ex's favor.

mkc1959 :

I hope this gives you some guidance. You would need to retain an attorney in your local area to try and get equitable relief from the prior decree.

Customer:

I am from Illinois. The original court order was 10-06-2004, My ex and I had several mediations where I was trying to prove to her

Customer:

and the mediator about the social security law. I finally proved it and my ex and I signed a mediation agreement dated 08-20-07 which states in part: 1. David and Sylvia have joint custody of Charlie and Kevin. Custody of the children rotates yearly. The boys Social

Customer:

Security checks go to the current custodial parent. PS I am happy with your information--just want to add a couple of circumstances. Sylvia was susposed to pay 1/2 the medical for these past over6 years but never did and she owes me about $8.000 from that and my attorney thinks there is a chance that the judge will take a piece of paper and substract that $8,000 from the susposed $22,000.

Customer:

Also Sylvia stole $4200 I had put [mostly put] in their college fund but that is irrevelant to this question. thanks in advance and

Customer:

any additonal comments will be appreciated.

mkc1959 :

Illinois adopted the Uniform Mediation Act. This Act provides for enforceability of a written and signed mediation agreement.

mkc1959 :

Also consult with your attorney about whether Illinois has a procedure like the "Bill of Review" that I described.

mkc1959 :

Also please hit the accept button so that I may receive credit for the response. By the way, was she a signatory on the college fund account?

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