The Clinton Herald, Clinton, Iowa

Iowa

June 10, 2014

Judge: Child support will go to victim restitution

(Continued)

IOWA CITY —

Smith said that court officials would wait to see whether Richter appeals Wilke's order before sending any funds to Wehde's mother, Mona Wehde. Richter has 30 days to appeal.

Smith said he would keep trying to garnish all such funds, including the proceeds of a planned sale of an apartment building Roberts owns in the northwest Iowa town of Aurelia.

Richter's attorney, Mark Hinshaw, said he was considering an appeal of Wilke's order but "the real fight" will be over the building proceeds. He said Richter wasn't given proper notice of the garnishment, and that the funds should go to her family members who helped financially support the couple's children.

"If this guy would have paid his child support on time, this money would have been spent on the kids and would have been gone by now," he said.

Roberts has long contended that prior orders requiring him to pay child support were unjust and unaffordable given his struggling finances. He said he "shouldn't have to pay Tracey's debts for her."

"But my wife and I are happy that at least it's going to a good cause," he said, of the payments going to Wehde's family.

Richter, meanwhile, is required to pay Roberts $20 a month in child support under a separate court order.

Separately, Smith has filed an order to garnish funds from Richter's prison accounts. A June 3 order requires prison officials to garnish all money from her phone account, and 50 percent of her account used to buy things like stamps and shampoo. He said so far about $800 has been garnished, but that Richter would have a chance to challenge that collection.

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