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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116710
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I went court Support in Feb 2015. The judge ruled in my

Customer Question

I went court for Child Support in Feb 2015. The judge ruled in my favor, I had to pay $4,500 of the $14,000. So I paid a lump sum of $4,500. The decision was appealed by the mother of my twins. The appealing judge didn't know how to rule on this $10,000. So my attorney told me this could go against me, so will I be willing to a settlement? I offer to pay $5,000, but not an another lump sum. It came back that agree, but for me to pay $5252.60 instead of the $5,000 ( The System). So my attorney provided me a copy of the court order stating for me to pay $250 a month toward the $5,250.60 arrearages plus the $1,100 monthly child support payment. I made the first payment on time. The court document were signed by the following on 15 May 2015; The Circuit Court Judge, It was Seen and Agreed By The Attorney for Division of Child Support Enforce Va and my attorney. On 17 June an Representative from the Va Child Support Enf. sent a Order to Deliver to Scottrade to collect $5,000.60 from my account. Can she go above the court order????? I'm a Iraq and Afghanstan War Veteran. I did everything right in this matter.
Mr. Andra Powell
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If there was an agreement and entered by the court, the problem is that Child support enforcement's attorneys never seem to communicate with the division that does the seizures and garnishments. Your attorney needs to file an exception to seizure based on the defense of "settlement" which is grounds for the court to release the seizure. Since this was done after the settlement, your attorney can also file a motion for sanctions to ask for the payment of your costs and attorney's fees to go to court to fight their improper seizure after settlement was reached.

This is how you would get this seizure released through the court as you have a right to object before they take the money out, so you need to contact your attorney immediately to do so.

Customer: replied 1 year ago.
They took the all the money on 2 July 2015. This is what was said by my attorney " I finally caught up to her in court on another case. She was shocked to hear that they already raided your Scottrade Account. She was truly sorry and agreed that that the Division should not have done that, although it was in the legal power to do. I am sorry but I do not know of any legal means to restore that account."
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you did not object to the seizure within the 10 days of getting notice, your attorney is correct. So now that they took the money, your attorney needs to file a motion to cancel the settlement, since you paid all that was agreed upon to pay and you should not owe any more money and her saying "sorry" but nothing more is not correct, she needs to go to court to at least get a court order to order the entire arrears debt satisfied.