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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33416
Experience:  Began practicing Family Law in 1992
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I have an interstate child support case and live in texas

Customer Question

i have an interstate child support case and live in texas and the cs order is in tennessee. there is a lien placed on the non custodial parents settlement why would the attorney ignore the lien and disburse the money to the non custodial parent?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year 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.

Can you explain where the lien originated, where the settlement was coming from, and any other facts you think relevant?

Customer: replied 1 year ago.
The settlement is from a probate will case for 450,000 to be paid 21,000 every 6 months for 10 years. The child support case is shelby county memphis tn and the lien was processed by DHS child support Nashville office. The person that sent the lien for seizure of assets was not able to tell me how much it is for. I do have an open active case but am not able to find out the total amount due from TN. Texas has an arrearage balance of 64,000 but that does not include interest.
I live in TX.
Expert:  JD 1992 replied 1 year ago.

I'm a little confused by the facts. In what state is the settlement being paid and in what state is the child support lien issued?

Customer: replied 1 year ago.
all in memphis tn
Expert:  JD 1992 replied 1 year ago.

My first thought was that if it was in separate states then the lawyer in one state isn't obligated to follow a court's order from another state. If both orders are from the same state that obviously doesn't apply.

If the money is released to the client instead of the lien then the only legitimate reason would be that there is something wrong with the lien. If the money is not released to the client nor used to pay the lien then the lawyer is just playing it safe and is going to wait until a court orders them specifically to do something with the money.

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