My children's father was in a car accident a few months ago, is a about to recieve a settlement check how much will he recieve?

Asked almost 2 years ago - Willingboro, NJ

He lives in Virginia, his kids live with me in New Jersey and he is in arrears, he asked me to drop the child support case so could collect all of the money, I told him no because child support would get the money anyway. He also has another child support case open in Va. for an older daughter. One other question can he put the lawsuit in someone's name and still collect the money?

Attorney answers (8)

  1. Michael A Ferrara Jr

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . There is a requirement prior to the settlement of any NJ case, that a search be done of pending child support that is outstanding. If the accident was a VA accident and he lives in VA, then probably doesn't apply to him. If you are on good terms, ask him to have his attorney explain what's going on with you.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  2. Dean P Murray

    Contributor Level 18

    8

    Lawyers agree

    Answered . The settlement amount may be contained in the Court's records unless there is a confidentiality agreement. He cannot change the parties to the lawsuit if the case is about to be disposed of. The Court will not allow you to waive your children's child support. Child support is the right of the child, not the right of either parent. However, there are other concerns and you should contact a lawyer in order to protect your interests.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Speak with your local matrimonial attorney about the possibility of having your attorney send your husband's attorney a claim of lien on the recovery of your ex-husband. Your husband's attorney will probably be reluctant to release any funds from his trust account to your ex-husband without first satisfying the support lien. Don't delay on working on this. Speak with your attorney as soon as possible.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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 ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  4. Kevin Coluccio

    Contributor Level 20

    7

    Lawyers agree

    Answered . He can not put the lawsuit in someone else's name.

  5. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . Contact your matrimonial attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. John Morelli

    Contributor Level 11

    3

    Lawyers agree

    Answered . I would not drop the child support claim. You may not be able to do so either. If he owes child support, the law requires that the money be collected if he gets a personal injury settlement. This may be your only chance to get your money. He cannot put the lawsuit in someone else's name either.

    This answer is not a substitute for legal advice. You are advised to consult an attorney for legal advice. This... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Contact your divorce lawyer to investigate. Retain a collection agency if necessary.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  8. Jeffrey Bruce Gold

    Contributor Level 19

    3

    Lawyers agree

    Answered . Have a Notice of lien served on his attorney.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,944 answers this week

3,251 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,944 answers this week

3,251 attorneys answering