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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27088
Experience:  Began practicing law in 1992
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I was sent, certified mail, a letter from my ex husbands attorney

Resolved Question:

I was sent, certified mail, a letter from my ex husbands attorney stating that i need to sign a "full and final release of child support" form. He is giving me 7 days or he will take it to the judge and make me pay a $100 dollar penalty, plus all attorney fees, and have them garnished from my wages. Is this legal? I just received the letter this last thursday.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Why would they want you to sign a "full and final release of child support" form? Has the child support obligation ended?

What state are you in?
Customer: replied 1 year ago.

yes it ended, but my son is only 19 and may move back home and he is still obligated to pay for half of his college. will that take his obligation for college payment away if i sign?

Expert:  Dwayne B. replied 1 year ago.
Is the obligation to pay for college classified as child support in the order? Also, I do need to know what state this is in.
Customer: replied 1 year ago.

Yes, it is stated that he has to pay half of all out of pocket expenses for college in the divorce decree and child custody order. Iowa

Expert:  Dwayne B. replied 1 year ago.
If the college obligation is classified as child support then that release would mean he didn't have to pay it.

I have never heard of a court anywhere in the country that would fine you or order you to a pay attorney's fees for refusing to sign a release and particularly not when an obligation is not completed. It sounds like the attorney is trying to bully you.

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Customer: replied 1 year ago.

My ex husbands attorney sent me a copy (i believe out of his law book) of a page titled "trial and judgment section 624.37, satisfaction of judgment- penalty. would this refer to me? My ex husband has already received a statement from child support recovery unit stating that his obligation with them (monthly payments for child support) has been fulfilled

Expert:  Dwayne B. replied 1 year ago.
It wouldn't apply if the college was classified as child support. If the child support is paid off then there is an obligation to provide a satisfaction of judgment. A satisfaction of judgment is different than a release.

That section you are referring to is a statute in Iowa.

The best solution for you at this time is to have a local attorney write back and tell them that you will sign a satisfaction of judgment but it has to be worded in such a way that it doesn't release him from any obligation for college.

If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27088
Experience: Began practicing law in 1992
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