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Phoenix, AZ |

if I am waiting on a car accident settlement can child support take the the whole settlement before the the lawyer and my medicals bills are paid

Attorney Answers 4


  1. No. The settlement will be paid to your attorney, who will hold the money in trust, deduct their fee and any expenses, and then pay the doctors (if hired by the firm for the case), and then pay you. You will only receive what's left after the other payments are handed out.


  2. As Attorney Lee stated, you will be the last one getting paid after the attorneys fees, costs, payment to any medical providers pursuant to a medical lien or a subrogation right of recovery.

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.


  3. I'm glad you've received an answer from an atorney in your own state. In the Commonwealth of Massachusetts, the legislature passed a law requiring that no accident settlements can be paid by any insurance company until the settlement is reported to the Department of Revenue, which then checks to see if there is a child support lien and if there is one, this is enforced directly against the insurance company before the remaining settement funds are paid.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


  4. Since you are currently represented by an attorney, it would not be appropriate for attorneys here on Avvo.com to give you specific legal advice about your situation. You are paying your attorney good money to represent you and to give you the best legal advice possible. Direct your questions to your attorney.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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