My ex just put a lien on my settlement that I would be receiving from a car accident, I was told she is getting $65,000 out of $100,000. We have 4 children, I have called the courts and I do not owe any child support. How can she do this? I havent been able to see or talk my kids in 4 years, she wont let me. I want to see my children in the worst way.
How can I stop the lien, can I file a motion or something, please help. I have a lawyer and he doesnt seem to be helping or giving me answers.
Liens don’t just spring up out of nowhere, there has to be an underlying court action. Without knowing the basis for the lien it is difficult to make any comment or provide any advice. If you know why your wife is making a claim against your settlement and what her justification for the lien is, you might want to repost your question.
I don’t understand why your attorney is not answering your questions, but if you doubt his commitment to representing your interests then you should talk to him, and if unsatisfied with his explanation, find a new attorney.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
If you have an attorney, you should ask him. If your attorney won't answer your questions, you will need to find a new attorney.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
I would think that the "lien" is something arising out of the Probate or Family Court orders. A spouse has no right to "put a lien" on a tort or accident case; someone may have told you he did but maybe there is no lien. Ask your accident attorney.
We need to see the lien. The Massachusetts DOR is very aggressive, and by statute in Massachusetts, insurance companies are duty bound to check with DOR every time a case is settled and prior to disbursing settlement proceeds. But, if you say you do not owe back child support, and if you are not in arrears on any taxes, then this is not "it".
In 20+ years of doing personal injury claims including car accidents in Massachusetts, my office has seen and dealt with many different actual liens and claims. To answer your question "How to stop it" one would need to see what it is you are dealing with. I show my clients their liens and files so they know that it is not me that they should be mad at.
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