Settlement and child support

[madi97]

What is the name of your state? VA

I am posting this question for a friend.
Her ex-husband was in car accident. He obtained an attorney and sued insurance company. He owes alot of money in back child support. She found out that the insurance company has settled but the check is still at the attorney, her ex hasn't accepted the offer because he thinks she will get part of the money for back child support. The questions, how long is that check "on the table" before it is voided or whatever happens to it??

Thanks in advance for the help...and sorry if it was a confusing post.

 

[I AM ALWAYS LIABLE]

What is the name of your state? VA

I am posting this question for a friend.
Her ex-husband was in car accident. He obtained an attorney and sued insurance company. He owes alot of money in back child support. She found out that the insurance company has settled but the check is still at the attorney, her ex hasn't accepted the offer because he thinks she will get part of the money for back child support. The questions, how long is that check "on the table" before it is voided or whatever happens to it??

Thanks in advance for the help...and sorry if it was a confusing post.

My response:

I've had a few clients like your friend, in situations exactly like this. The information that your friend has is "bombshell" information!

On behalf of my client, I filed an OSC Re: Contempt of Court. Then, I subpoenaed the attorney with an order to appear at trial, and to bring his client's file, and the settlement check with him.

Then, when in court, after questioning the attorney and the obligor parent, the court ordered that the settlement check be signed right there, in open court - - or go to jail until he did sign! Can you say, "He signed it real fast"?

So, obligor parents sometimes believe, and actually think, they can get away with their "stunts". But, what they always forget about is the power of the court, and the beloved "Order To Show Cause".

It gets 'em every time!

IAAL

 

[spawn_x]

what was the check covering?

i don't see how any of it could be considered to give her for back child support if the check covers hospital bills and vehicle repair.. i could be wrong though... however if its for pain and suffering yes i could see how they could tap into it for back payment..

 

[madi97]

The check is for pain and suffering. He was riding in a car with his friend and wrecked. He sued the insurance company. So much pain, he was transported to hospital and released...

 

[knotcops]

This guys a dead beat. Won't pay his child support, then sues insurance company for pain and suffering. What about the pain and suffering of his children? Do what I AM ALWAYS LIABLE suggested and toast this dead beat.

 

[I AM ALWAYS LIABLE]

what was the check covering?

i don't see how any of it could be considered to give her for back child support if the check covers hospital bills and vehicle repair.. i could be wrong though... however if its for pain and suffering yes i could see how they could tap into it for back payment..

My response:

You don't see how?

Well, let me tell you. When the checks were signed, in open court, by order of the judge, the only persons to be paid out of the settlement checks were their attorneys - - because of the "attorney/client contingency fee retainer agreement."

In effect, the court was saying to my clients' ex-husbands, "You had the obligation of child support BEFORE you signed the "Medical Lien Agreements" with the doctors and hospitals. Therefore, your support obligation is "superior" to any subsequent medical lien agreements."

So, the entire check - minus attorney's fees - went to my clients for the "arrearages" and the ex-husbands were left to fend for themselves to pay off their medical providers - - WITHOUT the settlement check money. In other words, the CHILD support came first, and it was too bad for the ex-husbands that they were stuck with medical expenses to pay on their own.

IAAL

 

[spawn_x]

I see. Never thought of it that way..