What is the name of your state (only U.S. law)? Illinois
Party 1 – me
Party 2 – my ex-wife
Party 3 – Ex-wife's attorney
Party 1 is liable to pay Party 2 maintenance as result of a divorce
Party 1 was responsible for various aspects of settling the marital estate, and is due certain payments from party 2 as part of that process and child support (I have custody)
Party 3 represented party 2 as attorney, and obtained a judgment against party 2 for unpaid legal fees about 6 mo ago
The current situation is that Party 3 is attempting to collect his judgment for fees from party 1, rather than from the debtor (party2). He is using unpaid maintenance as the source of an asset (AR) that belongs to party2, and is currently seeking to obtain a separate judgment against party1.
Party1 has petitions that will be heard requesting that the unpaid maintenance to party2 be offset against amounts due from party2 to party1. If successful, party1 will be a net creditor against party2. At that same hearing, party 3 will attempt to obtain the judgment from party1 for the unpaid legal fees.
As Party1 in this situation, I expect to actually be a net creditor. The ex-wife can't be located and will not appear at any summons. Party 3 is claiming priority as a Judgment Creditor, and attempting to collect his fees from the unpaid maintenance.
However, Party3 has not perfected a security interest in the unpaid maintenance.
If party1 can successfully obtain the right of offset of child support against the unpaid maintenance, can Party 3 still collect?
Party 1 – me
Party 2 – my ex-wife
Party 3 – Ex-wife's attorney
Party 1 is liable to pay Party 2 maintenance as result of a divorce
Party 1 was responsible for various aspects of settling the marital estate, and is due certain payments from party 2 as part of that process and child support (I have custody)
Party 3 represented party 2 as attorney, and obtained a judgment against party 2 for unpaid legal fees about 6 mo ago
The current situation is that Party 3 is attempting to collect his judgment for fees from party 1, rather than from the debtor (party2). He is using unpaid maintenance as the source of an asset (AR) that belongs to party2, and is currently seeking to obtain a separate judgment against party1.
Party1 has petitions that will be heard requesting that the unpaid maintenance to party2 be offset against amounts due from party2 to party1. If successful, party1 will be a net creditor against party2. At that same hearing, party 3 will attempt to obtain the judgment from party1 for the unpaid legal fees.
As Party1 in this situation, I expect to actually be a net creditor. The ex-wife can't be located and will not appear at any summons. Party 3 is claiming priority as a Judgment Creditor, and attempting to collect his fees from the unpaid maintenance.
However, Party3 has not perfected a security interest in the unpaid maintenance.
If party1 can successfully obtain the right of offset of child support against the unpaid maintenance, can Party 3 still collect?