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My sister-in-law has a daughter, from a relationship. He has to pay her child support and it is court ordered. The father of her child, was in a serious car wreck, but he's ok and she's thankful for that. He owes her at least 13,000 dollars in child support, because he got behind on his payments. She asked me to post this question, she recently found out, that her daughter's father, is supposed to get a 50,000 dollar settlement, from the car wreck and she wanted to know, if her daughters father, would have to give their child, any of that money, being that he's behind on payments, does he have to report the settlement, to the Child Support Enforcement Agency? Thanks.

2006-11-25 08:25:08 · 9 answers · asked by A_WWE_FAN_4LYFE 6 in Family & Relationships Family

9 answers

Tell her to immediately get on the phone and report that information to child support enforcement without delay!! Also make sure she doesn't mention that she is interested in finding out if the support cvan be garnished from it to the child's father because he may try to hide it or be more secretive. Tell her prior to calling try to find out from him who the insurance compnay is that he sued, that way when she contacts enforcement they will know what insurance agency to contact to put a garnish on it. I know it can be done, because my ex husband was hit by a car as a pedestrian and he was warded money. They took it and because he has such a history of not paying they even took out a year's worth of ADVANCE payments. Hopefully there is still some time before the insurance company pays to allow for enforcement to contact the insurance agency and to allow for them to get the petition to granish over to a judge to get signed. She needs to take advantage of this quickly before he gets that check and cashes it and it's too late for her to lay claim. If for some reason your state doesn't allow support to be garnished from a settlement, which I don't see why not, then she needs to make sure once she knows he has endorsed that check that she stays on enforcement's back of pursuing him to comply with child support...I'm sure if they don't garnish his check, once he cashes it and he has a choice of jail or paying a 5th of his check to support, he'll choose to pay.

2006-11-25 11:04:57 · answer #1 · answered by slinkster 3 · 1 0

well he should report it but that does not mean that he will. him getting this settlement will take some time.contact the courts or whom ever she goes through, ask for a hearing in regards to him being behind on his payments. then when you get into court ask to be heard. that's her right, then tell the courts about this money that he is going to be getting and ask that he be ordered to pay you a % of what he receives.do this before he gets the money.

2006-11-25 16:35:32 · answer #2 · answered by here to help 4 · 1 0

It is a disgrace to the English language to use the phrase "give the child the money" when the money is given to the custodial parent to do with whatever he or she likes.

If the guy owes the money and gets a settlement, he will pay if he is law-abiding and not if he is not. If you are afraid he is not, bring the possibility of the settlement to the Agency.

2006-11-25 16:34:02 · answer #3 · answered by Leo F 3 · 0 3

For sure in Ohio he is ordered to report it, but most people don't remember that little line in their order. No matter what state she lives in she should contact the local CSEA and let them know about this. They will need to know who the attorney is that is handle his suit and possibly where he banks. The more information she can give them the better.

2006-11-26 20:09:14 · answer #4 · answered by Ang 3 · 0 0

He definitely has to report it because it is taxable income. But just to be on the safe side, she needs to call the Agency and give them the heads up so that they can look into it. Her daughter deserves the best and it's not just her mom's job to give it to her.

2006-11-25 17:48:04 · answer #5 · answered by SHUNTA S 1 · 1 0

Wow erica h has got ISSUES eh? I think it would be wise to report it to the child support enforcement agency.

2006-11-25 17:04:41 · answer #6 · answered by annette 2 · 0 0

if it ordered by the court call the case worker to set up a case about it to straighten it out and get a court date

2006-11-25 16:30:14 · answer #7 · answered by ahkiya :) 3 · 0 0

tell your friend to aproach the court with this question, she is entitled to the money.

2006-11-25 17:31:37 · answer #8 · answered by Anonymous · 0 0

Yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I would contact the Child Support Agency!!!!
HELL YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

2006-11-25 16:44:34 · answer #9 · answered by purpleone726 3 · 1 0

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