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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118254
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I had impounded child support from dad and I won custody and

Customer Question

i had impounded child support from dad and I won custody and now csea states they never received the notice to impound from court and said that it was my obligation to do so
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet
JA: Please give me a bit more information, so we can help you best.
Customer: custody hearing over the last 2.5 years so I kept impounding support until permanent custody was determined and impounded when I asked for temporary custody and was awarded temp custody and impound of support
JA: Is there anything else important you think the Lawyer should know?
Customer: now when the case is finalized and I am supposed to receive the back support - child support states that I will get nothing because the order was never processed to impound
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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.
When you received the order to impound support, did you send copies of the order to the CSEA? It was the court that issued the order to impound correct?
Customer: replied 1 year ago.
I petitioned courts for temp custody in Dec of 2015 until final court decision on custody in February. I win custody and the impounded funds in February
Customer: replied 1 year ago.
Prior to this impounded support order i had placed a previous impounded order and was able to collect all of the funds from yhat order but when it was time for me ti collect the CSEA supervisor stated that it was my obligation to forward them the order to impound.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It was your obligation to send them the impound order, but the fact that the court awarded you the impound order means you can still go back to the court to file a motion for arrears and ask the court to confirm the arrears and issue a new order for enforcement to CSEA and you would then have to serve that order on CSEA. You need to realize, CSEA is an overworked agency with not enough employees, they are not going to do anything without you pushing them through a court order and any court order you get YOU have to make sure you serve on them to get any action. The wheels at CSEA move very slowly, so they will take time even enforcing the court orders. You could ask for a garnishment order for the arrears to serve on CSEA to make them enforce the court arrears order along with the current support order. You just need to go back to the court and get a new order now from the court to CSEA to enforce the arrears.