Legal Question in Family Law in Florida
NCP owes a lot in arrears and has a pending personal injury case. Want to be sure arrears are paid if there is a settlement.
Does a Judgement of Delinquency act like a lien? Court also wanted DOR to file a letter of protection. Will the judgement secure our interest? Assuming there is a large enough settlement, will we only get what is on the judgement of delinquency, or the full amount of arrears?
3 Answers from Attorneys
In my jurisdiction DOR has an Order they submit to the Judge and then send to the attorney and NCP. If attorney does not honor the attorney is liable.Usually there is a hearing to determine amount before any money changes hands.
You need to file a motion to intercept the injury proceeds. ASAP.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
www.careyandleisure.com
You should notify all parties to the lawsuit of your judgment and ask that no proceeds be paid
out.