How can I intercept personal injury settlement for child support payments?

Asked over 3 years ago - Brooklyn, NY

I believe my kids father is receiving structured settlement payments from a car accident that happened few years ago. How can I find the insurance carrier making the payments or his lawyers info? I am told I need this to intercept it, but I do not know how to get the info.

Attorney answers (4)

  1. Kevin Francis Guyette

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . File by order to show cause if necessary to get a case filed. Support goes back to the date of filing; file for an upward modification.

    Depose him and get the details;if he refuses to answer he can be held in contempt.

    There is no attorney-client relationship formed as a result of this communication. If you find this information... more
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . You may need to act through ACS to enforce your rights. You can find out about the case by going on the Office of Court Administration web site and navigating to Courts, then e-courts, then Webcivil Supreme. Put in the person's name and you should be able to find the case and his attorney information. The link is below:

    http://iapps.courts.state.ny.us/webcivil/FCASSe...

    The above is for informational purposes only and not meant as legal advice.
  3. Robert L. Brenna Jr.

    Pro

    Contributor Level 12

    Answered . In addition to the above
    Once the money is paid- other exceptions for personal injury recovery may be overcome
    he must truthfully disclose assets, and if not forthcoming a deposition under oath asked by a skilled attorney will likely reveal the place you should execute against. Ie e account..... Not the guy!
    Bob Brenna Jr
    Brenna Brenna and Boyce PLLC

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . A personal injury settlement is a private contractual agreement between the insurance company and the injured person. After the insurance company and the injured person agree to a settlement and to the terms of a structured settlement, the actual servicing of the financial arrangements and the payments are often delegated to a third party financial company. However, this does not change the private nature of the contractual agreement between the injured person and the financial services provider.

    It would be a breach of contract for the insurance company, the financial services company or anyonee else to make payments to anyone other than the personal injury claimant without a court order in which all parties are given notice and an opportunity to be heard.

    Therefore, your remedy is to file the appropriate motions or applications with the court that issued the child support order, indicating that the obligor apparently has a source of income that was unknown at the time of the initial order, and that therefore a modification of the order is required.

    So, whoever it was that "told" you that you need to intercept the payments would need to understand that the private payment between private parties can only be diverted outside of that agreement by way of a court order.

    I wish you the best and I encourage you to retain a domestic relations or family law attorney to assist you with this.

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