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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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Holland and my case goes back to 1988. I was on drugs and in

Customer Question

Holland and my case goes back to 1988. I was on drugs and in and out of jail for years. I owe $89442.41. I was getting my life back together and doing good but a year ago I fell threw a building in Sacramento Ca. and Broke my back in 2 places and crippled my left hand. The state of Il. put a lien on the settlement and they want %60 of it. After that the lawyer out here gets %25 of it. I have had to barrow money just to get by till I settle this. Is there any way this can be settled for less than I owe. The interest alone is around $43,000 of the full amount. Can I offer a lump sum offer or something along those lines and clear this up for less than the bill is now ? All the money is owed to the state not the mother.
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Submitted: 7 months ago.
Category: Family Law
Expert:  JD 1992 replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What did IL put a lien on the money for? What is their justification?

Customer: replied 7 months ago.
Because I have not paid them
Expert:  JD 1992 replied 7 months ago.

You haven't paid them for what?

Customer: replied 7 months ago.
For the back child support in my case that has been open since 1988
Customer: replied 7 months ago.
I put all of the facts in the first email that I sent you and I asked a very direct question is there anything I can do to offset that balance and if so what steps do I need to take to do that
Expert:  JD 1992 replied 7 months ago.

I understand now.

You can certainly make an offer to settle for a lump sum payment of a lesser amount if the amount is owed to the state (as opposed to the other parent). However, there is no way to force them to accept that amount and they may not do so since they know they have you over a barrel. WHat you may want to do is have the lawyer make the offer for you. In addition, there may be a way to have the amount of the settlement paid into a trust and thus protect it from being seized. Child support is one of the few things that is almost impossible to protect against but a spendthrift trust may be able to do that if the money is paid directly into the trust rather than paid to you and then deposited into the trust.

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