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 helpful, please check "Positive" or"Plus" or"Up" on the box below. You may contact me at 1-(607) 773-0758, or by e-mail through this site if you wish to follow up confidentially.
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.
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:
The above is for informational purposes only and not meant as legal advice.
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
Child support Getting child support Child support agreements Child support order Finances and child support Determining child support payments Child support modification Child support and changes in circumstances Child support enforcement Enforcing child support by contempt Family law Court orders Contempt of court