Questions asked by dads this week: lottery winnings, workers comp, mediation and why your ex gets a free lawyerBy DADvocacy™ | January 7, 2013
Mario asked:Can lottery winnings be garnished for child support arrears? Yes, as long as the amount of winnings is over $600.00.
Dania just asked: Can a worker’s compensation claim settlement be garnished for child support arrears? Yep. The worker’s compensation judge will not approve a settlement without payment of the child support arrears or a certification that no arrears are owed.
Isabel asked: How come we can’t go to mediation to try to settle out of court? In Miami-Dade County, Division 46 cases are exempt from the mediation requirement, the State Attorney’s Office may elect to go to mediation, but they are not required to go. Keep in mind that the cost of going to mediation is always shared by both sides, so the not being required to go means you aren’t required to pay for it, either.
Chris asked the following: Why does the state represent my ex for free? The State of Florida is concerned with the repayment of welfare and Medicaid that she has received (even if she received it for another child by another man). They also represent parents who have never received any of those benefits, in order to make sure that support is paid, and the theory is that the parent receiving support will not go on welfare or Medicaid. They represent parent that have never received benefits only on that parents request. This free representation is not exactly representation of your ex, but it is in fact a representation of the taxpayers of the State. Mom doesn’t have control over her lawyer the same way she would with a private lawyer.