Yes. We can file a Chapter 13. How much you have to pay in the 13 will depend on how much you have In the way of assets and debts. We can usually get it filed in a day or two depending on how quickly you can come in and get the information and documents to us. We can get the garnishment stopped pretty quickly and sometimes get some of the garnishment money back depending on the date the bankruptcy is filed, the date the garnishment hit, the date the pay period was that was hit with the...
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You absolutely need to hire an attorney. Be careful about what you post here. Feel free to telephone me for assistance and I will discuss this more in detail in private. The other facts the other attorneys have listed here about the law are pretty accurate.
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If the court order states that she is supposed to let the child visit your husband needs to take her back for contempt. If the court order states that the two parties are supposed to alternate the tax deduction each year, then he needs to take her back for contempt. If he sits back and does nothing, nothing will be done. It does sound like fraud is being committed by her. Your husband also needs to go to the IRS and report this problem. I would immediately start by writing her a letter and...
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Have you applied for supplemental security income for her so she can receive a monthly check? If not, call 1-800-772-1213 and help her make an application for SSI. This will start the process. I will be glad to assist you with this process. Also is her father on disability or retired himself? She might be able to draw benefits off of him if so. For an action for post minority support you would have had to have taken him back before she turned 19. Also you can call 205-290-4400 which is...
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What you seem to be asking is if you have an ineffective assistance of counsel claim. As the other attorney stated, get the transcript. Since he had a public defender he can probably get the transcript for free. Ask the public defender if he can appeal it and talk to another attorney about his rights on appeal immediately because time is running.
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A debtor court will freeze the payments and put you on a payment plan. A chapter 7 might end the nightmare for you. Go and talk to a bankruptcy attorney.
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You might want to consider filing a chapter of bankruptcy immediately. Go discuss this with a bankruptcy attorney. If you file a chapter 13 in time, the garnished funds if not released to the creditor might be returned to you, the trustee, or your employer. You can go take your name off her account and no further funds will be garnished.
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It sounds like she is coming after you for money owed in an agreement that has been finalized with a judgment for divorce. If she sues you in small claims or another court you would be well advised to hire an attorney to represent you. If she has opened an estate you will have to hire an attorney to deal with the estate if the estate is pursuing this claim against you. You might have to pay interest on this money as well if you can't prove the debt was extinguished, (i.e. you have no...
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SSI is Supplemental Security Income (SSI) program. SSD is Social Security Disabilty Insurance. SSI is for indigent people who have never worked or haven't worked in a long time and no longer qualify for SSDI. A disabled or blind individual must have paid Social Security taxes to become insured for benefits. A disabled or blind adult or child must have limited income and resources. http://www.socialsecurity.gov/policy/docs/progdesc/ssi_st_asst/ is a link to how the benefits are...
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