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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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hello my sons father owes me over 21,000 in back child support

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hello my sons father owes me over 21,000 in back child support and i just found out he is getting a settlement from the va for his deceased father being exposed to agent orange. will they take out what he owes me for child support out of that check? if not ill never see a dime and my son is already 15 yrs old .thank you tina
Submitted: 5 years ago.
Category: Family Law
Expert:  Joseph replied 5 years ago.

If the state is aware of the settlement, they may very well seize it to collect on the arrearages. However, you should consider addressing the matter in a proactive fashion. You can do this by filing a motion with the court that handle the child support issue in the first place.


You could file an emergency motion for enforcement. The motion would detail his arrearages and the VA settlement. The motion would further state that you are in fear that the monies will be spent, hid or whatever to avoid making payment.


If you can get the motion filed quickly, I can say with a high level of confidence that the judge will gladly grant you an order requiring the funds to be frozen to cover the arrearages before disbursing anything to the father.


Please let me know if anything requires clarification.


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