QUESTION
Who can collect domestic support obligations owed to me, only I or can my attorney collect them?
Asked on Jan 30th, 2018 on Family Law - Florida
More details to this question:
After a long Family Court litigation, including a Third District Court of Appeal, it was ratified that a debt close to $24,000 that my ex-wife has with me is considered "Domestic Support Obligation". I paid to my attorney more than $5,000 for the appeal without considering all amounts paid for the previous litigation . At the end of the last hearing in the Family Court, an all-day hearing discussing child support amount and arrears and how my ex-wife was going to pay me her Domestic Support Obligation debt, my attorney asked me if he could request to receive those Support Obligation Payments himself. I agreed, understanding the he was going to receive the checks in my name. He never mentioned that option and its consequences to me. My ex-wife had been paying directly to him, in his name. My question: Can my attorney collect, in his name, money that my ex-wife owes me for Domestic Support Obligation? Was my Attorney's proposal clearly unethical and against my interests?
1 ANSWER
NA smsattorney@gmail.com
It appears that you do not have trust in your attorney. Normally, attorneys use this method if and when parents can't be cooperative. The checks have to be made out to the attorney name, and then the attorney deposits into his attorney account, then transfer it to you. Look at it this way, if you were to buy a house, you will make payment in your attorney name. The attorney will be responsible for making the payment to the seller.
Answered on Jan 31st, 2018 at 7:49 AM