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Will child Support Intercept my settlement when it happens in Illinois????????? Please Help.

Champaign, IL |

I am from Illinois and I do owe arrears from Child Support. I was involved in a car accident and am now done treating. My lawyer said he is getting the demand letter ready so we should hear something in a week. It was most definitely the other drivers fault. My question is will Child Support see or know of this settlement once it happens.

Attorney Answers 2

Posted

If HFS (public aid) is involved, there is a good chance they will find out eventually. It may take some time, however,. Since you are expecting money, why not do the honorable thing and try to settle your arrearages?

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11 comments

Asker

Posted

I want to I just started working my check is garnished for half of my check every week i since have had many bills pilining up because I have been out of work on top of that my car has been totaled and it was not fully paid for so i really need this money to atleast get back on the ball so do you think they will see my settlement and how does that pprocess work

Judy A. Goldstein

Judy A. Goldstein

Posted

You have an attorney. You should ask him these questions.

Asker

Posted

Mrs Goldstein, first, I feel the young man struggling to pay child support and there are arrears invovled. But you are a woman and have the advantage when it comes to support. Every male isnt a dead father

Judy A. Goldstein

Judy A. Goldstein

Posted

Anonymous - I 'm not sure what your point is but since the majority of my clients are men struggling to be good fathers with parenting time, I think you are preaching to the choir. As an attorney, my gender is irrelevant.

Asker

Posted

I was responding to your comment of suggesting that the gentlemen spend his settlement on paying for his arrears. You told him to do the right thing! Maybe the right thing is for him to take care of hisself first and then attend to his arrears. The law is so one sided and should be on a case by case situation. But it is how you responded. Anyhow, this country will be better off if the judges, lawyers, and policy makers (politicians) were more spiritual and acted in accordance with God (im not talking specifically about you because I dont know you-generally speaking). Like in the days of Samuel when God spoke to Samuel (who was a judge) but the people no longer wanted that and they wanted a king. Well they had a King in GOD. Now look at our world, lawyers and judges who talk and treat people without fairness. There are good ones but not that many. Their minds are clouded by money! The poor will rise again in Heaven and on the new Earth. Please earned your wings before its too late! If this doesnt apply to you then great but if so......May God bless you in your attempt. -----A spiritual friend

Judy A. Goldstein

Judy A. Goldstein

Posted

Thank you for your comment, but this country was born out of the propositions of separation of church and state and freedom of worship Please take your preaching elsewhere, This is a legal forum.

Asker

Posted

Thanks everyone for your comments and concerns I came here to get a clear cut answer I like what Barry Cahn Boykin has stated in his comment the thing about my situation is as God is my witness I really want and have been there for my kids I did not leave them of abandon them the mother cheated or what have you and even today wants to make things right now with us being together its been 11 years I dont feel the same way about her and I don't know hate her. My child support order is for more than what I pay a week. I I guess the law is they can only take half. I and that's for my 3 kids and my lawyer is a accident lawyer who I feel I didn't ask him because I want to hear what attorneys who practice in family law or who is familiar to my situation and the law is so messed up with Child Support I respect criminal law more at least you get a public defender In child support court the judge might as well be the states attorney for child support its not fair at all.

Asker

Posted

Mrs Goldstein, in court, if there is a trial do we not put our hand on the Bible? And swear to "tell the truth and nothing but the truth so help me God"? This country maybe had good intentions for some but was built on lies and slave labor. That is the problem with legality, little morals, and greed. Again, its the tone and no conscience of how you spoke to the previous gentlemen. Thanks again for your response.

Judy A. Goldstein

Judy A. Goldstein

Posted

Please go preach elsewhere. We are dealing with legal issues. Your Bible thumping attitude has no place here. I am sorry for you if you have so little life that you have to keep returning to pontificate in a legal forum. The original question was asked 11 days ago. The question has been answered by all those who cared to answer him.

Asker

Posted

What is with the attitude, I must have struck a nerve? I dont care if the question was asked a year ago. Freedom of speech, right? Your a lawyer, answer the question, but you decided to tell him to ask his lawyer. Mr. Boykin was professional enough to answer the gentleman's question. I have time because Im on vacation and earning a full check, so I have the liberty to be on the forum as you do. Please just be more professional when people are asking questions, if you dont have an answer then that is ok as well but telling the guy, "dont you have a lawyer" and ask him. Really?

Judy A. Goldstein

Judy A. Goldstein

Posted

Get a life. If you have an issue with me, have the courage to call me, identify yourself and stop hiding behind your anonymity. Is this really the best you can do with your vacation? I am waiting for your call.

Posted

Was a lawsuit filed regarding the accident? The State is not privy to your lawyer's demand letter and if the demand is made prior to a lawsuit being filed, it's unlikely that there will be any public record. Besides Illinois law allows a deduction for " medical expenditures necessary to preserve life or health" 750 ILCS 505(a)(3)(h). So if your settlement is for the purpose of repaying the doctors who treated you for injuries from the accident, it can't be touched.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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7 comments

Asker

Posted

Thank you very much for your comment ok that's great I don't want to go to court just really looking for a car that will last and money to get back on track I will be very unstable if child support takes the money how does that work as far as when a settlement is reached and a check is available for me will my lawyer have to give my money to child support, or can I cash the check

Asker

Posted

Thank you very much for your comment ok that's great I don't want to go to court just really looking for a car that will last and money to get back on track I will be very unstable if child support takes the money how does that work as far as when a settlement is reached and a check is available for me will my lawyer have to give my money to child support, or can I cash the check

Asker

Posted

Thank you very much for your comment ok that's great I don't want to go to court just really looking for a car that will last and money to get back on track I will be very unstable if child support takes the money how does that work as far as when a settlement is reached and a check is available for me will my lawyer have to give my money to child support, or can I cash the check

Asker

Posted

Thank you very much for your comment ok that's great I don't want to go to court just really looking for a car that will last and money to get back on track I will be very unstable if child support takes the money how does that work as far as when a settlement is reached and a check is available for me will my lawyer have to give my money to child support, or can I cash the check

Asker

Posted

Thank you very much for your comment ok that's great I don't want to go to court just really looking for a car that will last and money to get back on track I will be very unstable if child support takes the money how does that work as far as when a settlement is reached and a check is available for me will my lawyer have to give my money to child support, or can I cash the check

Asker

Posted

Thank you very much for your comment ok that's great I don't want to go to court just really looking for a car that will last and money to get back on track I will be very unstable if child support takes the money how does that work as far as when a settlement is reached and a check is available for me will my lawyer have to give my money to child support, or can I cash the check

Barry Cahn Boykin

Barry Cahn Boykin

Posted

Illinois law (Section 505) also allows a deduction for "(h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income" Is current child support being paid? Is an additional amount being paid towards the arrears? You should know that the law treats unpaid child support as a series of judgments--and judgments accrue 9 per cent interest every year. So as you plan and budget--and it is reasonable that you get on your feet so you're in a better position to catch up--child support remains a high priority because the consequences are so great. (You should also speak to your current lawyer for an idea of what will be set aside--if perhaps your lawyer has already been contacted by the State). Assuming that the State is using enforced collection techniques, and if your lawyer has received a notice directed at this money, you should not be able to cash the check without satisfying the notice.

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