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  1. #1
    Join Date
    Apr 2010

    Default Back Child Support and Settlement

    Hi there!

    I've been waiting for child support for almost 11 years for my daughter and I just heard that her father had a court date a week ago and he will now be receiving payments. This is the only info I got other than that he opted to not receive a lump sum and that I should be getting payments in about 2 months.

    I'm so confused because he owes me well over $50k on the lein alone. Does anyone know how payments are calculated when no lump sum is collected? Meaning is there a percentage they take from each payment?


  2. #2
    Join Date
    Oct 1971

    Default Re: Back Child Support and Settlement

    Don't go by what you "hear"

    He should’ve disclosed the child support arrearages at the settlement, the amount should have been set and should be deducted from any payments and forwarded to you.
    You should have recieved a notice of the amount they will be paying and when.

    I do know they can take up to 100% of a lump sum to satisfy child support arrearages, so it doesn't seem impossible to seize 100% of all payments, until the amount is paid.

    Something doesn't sound right, somebody’s playing games.
    Go to the friend of the court and have them investigate.

    Last edited by tony; 04-19-2010 at 02:53 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Jan 2009

    Default Re: Back Child Support and Settlement

    I agree with Tony. Is there a child support enforcement agency in your state? The kid never asked to be here, and doesn't deserve punishment. Get your state involved. All the best.

  4. #4
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: Back Child Support and Settlement

    Get with your local "child support enforcement" (CSE) agency immediately.

    In most states, some of that money can be garnished for the child support. CSE can help you get that done. But you have to ask them for help, and you need to do it tomorrow.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Apr 2010

    Default Re: Back Child Support and Settlement

    I live in FL and he lives in OK. I have an open case in both states and have been in contact with them both. It is MADDENING trying to obtain information. FL says all they can do is ask OK and then says OK never responds to their requests. OK says they can't speak to me and I have to call FL. Talk about games!

    Anyhow, both states know about the Workman's Comp and they have both confirmed that I have a lein in place. They informed me that when he settles I will be paid (after medical bills & his attorney) depending on how much he gets.

    Now the response I'm getting is that all we can do is wait and see what comes. Ok, well I get it - I've waited this long, but I'm trying to get some sort of idea of what I can expect to get monthly and for how long. I'm smart enough to know by now that I shouldn't rely on child support payments, but if there truly is some money for my family on it's way, I'd LOVE to be able to actually budget it!

    And yes, I totally agree that he is playing games. My thinking is that the courts have had to see cases like this a million times. Come on, is he really smart enough to get out of paying me by not accepting a lump sum? If it were that easy, the law would be useless.

    Thanks so much for your help! It's refreshing to finally have someone who will talk to me!

  6. #6
    Join Date
    Sep 2008

    Default Re: Back Child Support and Settlement

    If both agencies are aware then its going to be taken care of....Oklahoma has a very low tolerance for this. No one here can tell you how much or when....just know its going through all the channels if you informed both sides. If you know who his attorney is then let the states know...that may help too. I wish you the best....dont count on anything being fast because the workers comp system is very slow and not so effective! well, for the worker anyway!

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