Asked 2/24/2011
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Pending settlement my childrens father was about to recieve a settlement and my child support enforcement put a lien on it . his lawyer asked child support if I would settle for 2000 he owes 7500 I said no well his new wife called and said if I don't settle he won't get any money so neither will I is this true I'm sure his attorney has worked countless hours on this and he has been to court several times would the lawyer put all this time in for nothing ? this was a work related accident why do I have to settle for less or no one gets anything doesn't make sense |
Answer 1/6 - Submitted 2/24/2011
Even if he decided to drop his lawsuit and would rather get nothing than pay his child support, you have other means of child support collection in the future. It's not like his child support debt will go away should he decide to drop his suit and you refuse the ridiculously small sum he and his wife are trying to get you to settle for. You are not some credit card he ran up, this is his child who's had to go without while he did not pay.
Hold your ground and ignore his wife.
Answer 2/6 - Submitted 2/24/2011
Answer 3/6 - Submitted 2/24/2011
Answer 4/6 - Submitted 2/24/2011
Here's a scenario to think about. The settlement amount has been determined by a administrative judge for, as an example $10,000. After subtracting the attorney fees, and hospital costs there is only $2,000 remaining. If you drop the lien and pick up the $2K now, you can always go back and ask his tax refunds, any disability from social security, etc be seized. If you're not willing to compromise. The suit sits in limbo and no one gets paid. The attorney can file for a judgment against the amount as can the hospital in circuit court, take there chunks of money and the $2K sits in an account and can't be released to you or anyone else.
If ever the bird in the hand adage comes to mind it's now. Check with child support enforcement and your own attorney to make sure but I'd rather see you get $2K now and a chance at a later seizure. You're not settling for less than anyone else, you lien is at the bottom of the list. It works that way under the lien laws regarding anything. If you want your total, you're going to have to pay the people off that are ahead of you with earlier liens.
Answer 5/6 - Submitted 2/24/2011
If he does this he will be cutting off his own nose to spite his face and a judge is going to be angry at him for not wanting to pay his back child support might even find him in contempt of court and throw his butt in jail. Do you have a lawyer? If so I'd call them over this even if you haven't called them in years since the divorce. His lawyer most likely will not let him just drop this case I'm sure they want to get paid, usually in cases like this they get a portion of the settlement as payment. I wouldn't accept any calls from his ex wife opps I mean wife anymore if she's just going to harrass and try to intimidate you. What did the child support office tell you? Take it- if you don't need it put it away for a rainy day or for your child's collage fund. Must suck to be him. Even if he does drop this case you'll still be getting back any income tax refund he would get assuming he'd ever do his taxes. Must really burn to have to take care of his child financially because other agency's are holding him accountable. If I was his parents I'd be so ashamed.
Answer 6/6 - Submitted 2/24/2011
Hi, denisembl, and welcome to WebAnswers.
I have to assume that whatever amount he is to receive is AFTER any other amounts are paid, including attorneys fees and medical costs, but, perhaps, you could further enlighten us.
While the lawyer can ask if child support enforcement might consider a lesser amount, he cannot simply drop the matter because he has a dick for a client without incurring the wrath of the judge supervising the case, unless there has been no lawsuit actually filed.
If an action has not yet been filed, I can imagine his attorney telling his client that if he does not accept the settlement, he will owe his attorney for the time spent on the case, which could, all of a sudden, become considerable.
I hope this is helpful to you. Thank you for choosing WebAnswers as your sourceā¢.
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