Dear Jeff: My son has been divorced for three years now and has three children in his custody. The mother is supposed to pay child support but has been in hiding all this time. She paid a one-time partial payment. Nothing else. The Attorney General has scheduled a court date for February 2010. Question: Will my son need representation, or does the Attorney General take care of this matter? He would like to be prepared. They did finally find her and she got served. Thanks, "There You Are!"

Dear "There You Are!": The Attorney General's office will handle enforcement of the child support order.

Although your son is welcome to have his own attorney, there is really no need to go to the expense of hiring one. His interests (and his children's interests) will be adequately protected by the Attorney General's office. One of the many services offered by the Attorney General's office is going after non-paying parents. They use a variety of techniques, including intercepting federal tax refunds, filing liens on property, suspending driver's licenses, etc.

Your son should contact the attorney assigned to his case well before the hearing date, and provide any information he may have. Of course, he should also plan to be present on the date of the hearing.

Dear Jeff: I have a relative who is on Medicaid, and is in a nursing home. Her husband's will leaves everything to her. If he passes away before her, won't that inheritance make her disqualified for Medicaid? What can she do? Signed, "Which Way Do I Turn"

Dear "Which Way": Yes, the inheritance would in all likelihood disqualify her from future Medicaid benefits.

One possible solution would be to have the husband's will rewritten leaving everything to his wife in the form of a special needs trust (this is called a testamentary trust since it is created in the will).

This would allow the wife use of at least a portion of the assets (at the discretion of the trustee), but would not affect her Medicaid eligibility if drafted correctly.

This column is meant for general information and educational purposes only, and neither this column nor the transmittal of a legal question via e-mail constitutes the creation of an attorney/client relationship between the reader and Jeffrey Bates and/or Southern Newspapers Inc.

For specific advice regarding legal matters affecting you, consult an attorney.

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