Child Support Lien on Settlement Compensation...

by S
(Dallas, TX)

I was in a car accident back in December 2011. I had negotiated a settlement of about $7,000 and then I was informed of a child support lien on any monies I would receive from the settlement.

My question is: Do I have to continue with the settlement or can I just drop the whole thing? I am not going to get any of the $$$$ anyway because it will all go to the lien.

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ANSWER for "Child Support Lien on Settlement Compensation...":

S (Dallas, TX):

You can drop the whole thing as long as the Court hasn't already ordered the insurance company to "bind over" the funds to the child support division, or to the mother of your children. They are YOUR children aren't they?

Although making social commentary is a matter I attempt to avoid, it bewilders the mind to understand why you would want to deny your own children.

You may not like their mother, but taking it out on the children by denying them the financial support you previously agreed to, or were ordered by the court to pay, evidences your immaturity, lawlessness, selfishness, and myopia.

Why don't you stand up and "do the right thing". If not for anyone else, then for your children. They could probably use the money, whether for food, school supplies, diapers, or any of the other necessities children require.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for Child Support Lien on Settlement Compensation...

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All situations are different...
by: Anonymous

I have known fathers who were never told they fathered a child and then sometime later Child Support Services is knocking at their door with a huge child support lien.

The father was denied for many years of knowing he had a child or having a relationship with the child.

Additionally, many fathers would like to see their children more, but the courts lean so much in favor of the mother that the fathers only get to see their children every other weekend. That is essentially 4 days out of a month of 30.

Many fathers would gladly pay more to see their children more. However, the child support laws operate such that the less time you have the child the more you have to pay.

This puts parents in a position to constantly fight over custody and visitation.

Don't judge all fathers the same
by: Anonymous

I think the courts should really look into these situations individually and not penalize the fathers who really made an effort to pay, but got behind due to unemployment proving that it was not their fault or sickness.

They might be behind, but still paying, and there might be other children that need to be supported too.

One Sided
by: Anonymous

I like how everyone jumps on the father without knowing the whole story. Maybe the women has other children that their fathers don't pay child support. The money he gives will be mostly spent on all of them and not on his child alone.

I am in the same boat and when you see the other children that are not yours wearing expensive clothes from the mall and when you pick your daughter up for visitation she has used stained clothes with other kids' initials on the tags you get very upset. I wish that the mothers would have to provide receipts for what they spend on your child. They get away with so much.

Another example is saying they need money for daycare. Having them in daycare during the case and receiving more money for that, but as soon as the case is over they take them out of daycare and pocket the extra money. Another example of why they should provide receipts to receive the extra money.

I could go on and on about how screwed up the system really is, and how unfair or one sided the courts are. They hold the decent fathers willing to pay the support accountable for the deadbeat fathers that don't pay.

LET THEM TAKE IT
by: Anonymous

Why would you dropped the settlement? Child support will always be there and get higher without any payments made. Just look at it as owing less child support since you have to pay it one way or the other.

Also, if your are an arrears for a large amount of money, you can go to jail and your credit will be effected. They will not release you until you make at lease a payment for $2,200.

STOP being a deadbeat! At least the money will be used to help take care of the child you help create.

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