My ex husband had $45,000 in child support arrears. He had a personal injury suit, Anoka county child support enforcement sent Affidavid of Lump Sum, and a Letter of Income Withholding to the lawyer, and a judgement was in place. The lawyer did not send the money to the county, the lawyer paid the full amount to my ex husband. He received $40,000. The lawyer and my ex husband had a personal relationship for 5 yrs before his case
The answer depends on whether rte County followed the proper process. It does not sound like it did.
Under Minn. Stat. 518A.53 income withholding for child support is addressed. It includes almost anyone who pays money to an obligor within its reach when it defines; "payor of funds" was follows:
"(b) "Payor of funds" means any person or entity that provides funds to an obligor, including an employer as defined under chapter 24 of the Internal Revenue Code, section 3401(d), an independent contractor, payor of worker's compensation benefits or unemployment benefits, or a financial institution as defined in section 13B.06."
However, under the same statute a payor of funds must implement income withholding only upon receipt of an order for or notice of withholding. The notice of withholding shall be on a form provided by the commissioner of human services.
If proper documentation was not provided pursuant to statute, there is no remedy. If it was not, the county may take action against the payor.
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From my colleague's response it looks like personal injury settlements are exempt from garnishment. However, you should see if there are is a bank account that could be garnished now.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship.
Agreed on Mr. Teigland's response. I would see if there is a bank account with those funds that can be garnished.
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