A judge ruled Thursdsay that Justyna Zubko-Valva, the mother of Thomas Valva, will soon be receiving child support to help care for her two remaining children.

The decision came during a court appearance in her divorce case against her estranged husband Michael Valva, an former NYPD officer charged in Thomas' death.

News 12 has reported that Michael, and his fiancée Angela Pollina are both charged with second-degree murder for allegedly forcing Michael's 8-year-old son Thomas to sleep in the garage of their home last month.

Investigators say the boy died the next morning from hypothermia.

In court today, a judge ruled that funds from Michael's retirement plan, valued at around $30,000, will be diverted to Justyna to pay for child support.

The judge also removed the attorney for the children, Donna McCabe, from the case. That happened after Ms. McCabe requested to be relieved of her duties.

Zubko-Valva told News 12 after the court appearance that her son was failed by the system and she's trying to make sure no other child suffers the way Thomas did.

The judge also ruled that the surviving children in this case will remain in the custody of their mother.

The next hearing in the divorce case is set for June 30. Valva's next criminal court appearance is scheduled for March 5.