I have a lein agianst his buisness, he's about to get a big settlement ...will the lawyer have to address my lein before he cuts the check to him? Also, if they address it, does that mean that he can pay a little bit and go on with his life? I only ask because our daughter is 10, hes never paid a dime, but hasnt failed to screw me by claiming her on his taxes and getting an extra disablity check on her, and he hasnt seen/talked to her in ten years..no birthday cards, no christmas, nothing...it isnt right...
2006-07-27 04:02:07 · 6 answers · asked by Starr 2 in Politics & Government ➔ Law & Ethics
I dont have a lawyer, I'm going through a private organazation, Support Kids. And I have to wait on hold for hours to ask a question. So, I thank you not to be an a$$ hole when answering..You didnt have to answer at all.
2006-07-27 04:53:33 · update #1
im not sure how you go about it ...but yeah you are entitled to that money. So i would contact your lawyer or the state and let them know he is getting the money and they will get it for you
2006-07-27 04:06:37 · answer #1 · answered by durb1215 5 · 0⤊ 0⤋
As you have a lien on his business, i assume that you have entered a judgment with some Court. As you are pro se (representing yourself), some court clerks will assist you (minimally). This is what you need to do. Your judgment must be filed/docketed, which I assume that it is. Once filed, You can execute on any property/money that he has or has coming to him. This includes the proceeds from a seetlement in a law suit. You need to put his lawyers on notice of your lien (once the judgment is perfected - filed and docketed ). To do this, mail, by certified mail, a letter demanding that the amount owed to you be withheld from your ex, enclosing a copy of the judgment and proof that it has been entered/filed/docketed. You should then call the atorney's office and confirm that they received your demand and the judgment. Sometimes they may actually confirm that they will honor it. NOT sure if they are going to honor it? You can all the attorney ethics committee in your state and they may make certain that the attorney honors anything that is proper.
Some caveats (pitfalls): Be certain that the Court that issued the judgment has jurisdiction where your ex's attorneys are and the state where your ex lives. If not, you must start an action in that state or in an appropriate Court to recongnize and honor the judgment you have. In some jurisdictions, back child support amounts are subject to collateral attack and can be set aside. As such, don't be surprised if you receive a petition to set aside back due amounts and vacating your judgment. If that happens, you may have to fight the fight all over again.
Need some leverage? It seems that if he is not actualy paying the child support, yet he claims her on his taxes, he is committing fraud! You can always report him to the IRS!
Finally, if your judgment is proper and your ex's lawyer is put on notice BEFOR he disburses the settlement to your ex, then the lawyer might be on the hook to pay the amount that he should have held back!
One last comment. If the money has been disbursed to your ex before you can put anyone on notice, then you can freeze all of your ex's bank accounts! Once frozen, he can't withdraw a dime and you can then go in and take what you are entitled to. (Even the bank's attorneys may help you to get what's yours and then unfreeze the rest. But wait . . . did you know that you are probably entitled to interest on the money from the day the judgment is first entered? How much interest depends upon the state, but in NY it's 9% per year! (Try getting that from a bank, now a days.)
Good luck.
2006-07-27 05:32:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Do you have a child support Order through your state's Domestic Relations office? If so, contact them and I believe they will assist you with collecting these arrears.
Additionally, in some states, an insurance company who is about to make a settlement is required by law to check for child support liens before issuing any payments.
And I agree with reporting him to the IRS for tax fraud, and to whatever insurance company is paying disability to him.
If this is a settlement from a work-related injury, there may also be a workers' compensation/disability lien against this settlement...you might not be the only lien so be prepared for negotiations talks--depending on the amount of money involved.
Call the insurance companies making any payments to your X because they will most likely be more than willing to help you. That could be a lot of research to find them, but many state courts have websites where you can research and find his case, the status of it, docket number, and all parties involved.
Good luck and good for you in being so aggressive so far.
2006-07-27 06:26:26 · answer #3 · answered by ? 2 · 0⤊ 0⤋
He absolutely has to pay. I worked at a law firm and we occasionally got child support liens on settlements. You should contact the court where you were awarded the judgement (to put a lien against his business) and ask the clerk magistrate how to go about having that lien attached to his forthcoming settlement. You need to act quickly because the lien has to be in place before the check comes in and then the law firm representing him must honor it. You may be able to go down to the court house and get it done immediately. Make sure you send everything to the law firm via certified mail. Best of luck. I hope justice prevails for you!!
2006-07-27 04:25:44 · answer #4 · answered by Go-Girl 2 · 0⤊ 0⤋
You filed a lien you must have a lawyer. Ask him not us.
2006-07-27 04:51:16 · answer #5 · answered by frankie59 4 · 0⤊ 0⤋
ALL are going to be POOR!
YESHUA!
2006-07-27 04:09:46 · answer #6 · answered by YESHUA Y 2 · 0⤊ 0⤋