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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23358
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My daughters father has over $25,000.00 in child support arrearages.

Resolved Question:

My daughter's father has over $25,000.00 in child support arrearages. My daughter is 20 years old. I have finally gotten as far as having the attorney general's office extradite her father from Georgia to Michigan. The attorney general is trying to get me to barter with regards XXXXX XXXXX much i will settle for. I told him I want all of it. He spoke to the father's relative who says they will give me $10,000.00. I want it all. AG says that in Wayne County, MI, I will never see the complete total. Therefore they will release him on probation and he will go back to GA and never have to pay me a cent because they will not extradite again. There's more to it, but can you help me? I do not want to settle for anything less than what the judge ordered. It is our money. It was said so by the system...
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I have read your comments and I am sorry to see that the state is not willing to aggressively pursue the deadbeat dad for his obligations to you..
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What is your specific legal question I can help with this afternoon?
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Thanks
Barrister
Customer: replied 11 months ago.

Can the money actually be bartered? If I say I will take the $10,000.00, it will seem so unfair. If I don't, they're saying I MAY not get anything. Is this true?


 

Expert:  Barrister replied 11 months ago.

Can the money actually be bartered? If I say I will take the $10,000.00, it will seem so unfair. If I don't, they're saying I MAY not get anything. Is this true?
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I really hate situations like this where a deadbeat parent has essentially found a way to avoid their full obligations due to a lack of interest in the prosecutor for "holding their feet to the fire". But to be very honest with you, the answer is yes, if the AG decides this is not a big enough fish for them to devote their time and resources pursuing since daughter is now an adult, then it could result in you getting nothing now. This is because if the AG doesn't want to pursue it, they are the top law enforcement agency in the state so there is no one higher that could force them other than the courts under a "writ of mandamus". The problem is that you would spend $10K on an attorney trying to force the AG to do his job.
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As I said, you could stand the chance of getting nothing now. That doesn't mean that you couldn't collect in the future because there is no statute of limitations on a child support arrearage. So if the father ever got a job or inherited money, you could pursue him for the arrearages at that point.
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But from a purely practical viewpoint, although I hate to say it, there is some truth to the old saying "half a loaf is better than none"... If you are looking at having to chase the father around the country trying to collect for years and years or getting a lump sum now, I know what I would have to bite the bullet and do... I would demand 50% of the arrearages though...which is entirely reasonable given the circumstances...
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Thanks
Barrister

Customer: replied 11 months ago.

Can I take the $10,000.00 now and have the rest of the money due remain an open case?


 

Expert:  Barrister replied 11 months ago.
In my experience, when the AG is essentially haggling with the defendant for an amount, the amount is to settle the entire case, not just settle it currently. So although I don't know the exact details of the offer, based on my experience in these arrearage cases, the AG wants to dispose of the case with finality by having the defendant tender a lump sum settlement of the entire amount.
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So no, you probably wouldn't be able to pursue this later if you accepted the lump sum.
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Thanks
Barrister
Customer: replied 11 months ago.

Thanks! But...this really sucks!! I don't know what to do! Take the offer or wait...I know I have to make my mind up on my own, but if I wait it out, the whole sum would sure come in handy. Now I know how people like him can get away with cheating their own children out of a better life!! I am so frustrated! A sure thing now...or the waiting game again for years and years. Sorry for the rant. What if I hired an attorney? Could they get more than my arguing with the AG?


 

Expert:  Barrister replied 11 months ago.
I completely agree with you and can understand your frustration...the deadbeat dad was able to avoid his responsibilities while you were raising your child and now he may end up being able to slither out of the noose again...
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If you need the money now and can't afford to chase him around, then you may want to consider the lump sum. There is no guarantee he would remain in GA and could move somewhere else so you couldn't find him for years..
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If you were to hire an attorney, I would opine that you could spend a lot of money and not recover it. The AG could be forced to pursue the case if your attorney filed a "writ of mandamus" which is basically you asking a judge to order the AG to do his sworn duty in upholding the law. The problem is you can get up to $10K pretty quickly if the AG objected and you had to fight about it for years in court.
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In the end, even if you won, you wouldn't get the money for the attorney back, so it might be throwing good money after bad.
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But from a perspective of just intervening with the AG and trying to get him to wring more money out of your ex, that might be a worthwhile expense if you could get him closer to $18-20K to settle it..
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Thanks
Barrister
Customer: replied 11 months ago.

Ok. I'm going to agree to the lump sum. Thank you so very much for your help! I greatly appreciate it! Nice to meet you. Have a great day!


 


Roxanne


 


P.S. You said "ex". Thank God I never married the idiot!!

Expert:  Barrister replied 11 months ago.
You are very welcome. For what it is worth, I think you are making the right decision..."bird in the hand" and all that.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23358
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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