Can child support be taken from a personal injury settlement? Yes, child support can be taken out of your personal injury statement if you have outstanding child support payments. Because you are legally obligated to provide this support, there are legal ramifications if you cannot keep up with payments, even after a personal injury accident. A Columbus personal injury lawyer from Fox Injury Law can provide guidance when you are unsure how personal injury settlements affect your child support obligations.
What are my child support obligations?
Georgia state laws dictate that parents must share financial support for their child. Typically, the non-custodial parent must pay child support to the custodial parent. The amount of child support that must be paid is determined and enforced by a court order. Child support orders are legally binding and require you to make regular payments, or else risk legal action for violating the order. Georgia can enforce and collect child support payments by withholding wages, tax refunds, credit reporting, liens, and even from personal injury settlements.
Why is child support being deducted from my personal injury settlement?
If you are behind on child support payments and are the victim of a personal injury accident, you will likely have to navigate a unique set of circumstances. These accidents can make it even harder to make payments because of the growing accident expenses you are facing. As such, child support arrears may increase. Because Georgia’s Division of Child Support Services can enforce child support orders, it may withhold funds from personal injury cases to cover overdue payments.
How will child support affect the outcome of my personal injury settlement?
When you file a personal injury claim with the insurance company, you can typically recover medical expenses, lost wages, pain and suffering, and other types of damages. The final settlement amount is based on the value of your losses and other case factors.
Once the settlement is finalized, the funds are usually issued in a lump sum to your personal injury attorney. Your lawyer can make sure all accident-related expenses and liens are paid before you receive the remainder.
But if you owe outstanding child support, part of your settlement may be withheld to satisfy that debt. Under Georgia state laws, agencies can place liens on personal injury settlements to collect child support arrears before you receive your share. Your personal injury lawyers will make sure your injury-related expenses are prioritized so you can continue medical care and recovery, but remaining funds may be applied toward your child support obligations.
Because every case is different, you should consult a personal injury attorney who understands both family law and personal injury law. They can explain what portion of your payment may go toward back support and help you prepare financially.
Discuss your case with Fox Injury Law
Consult Fox Injury Law to learn more about how child support can affect what you receive in a personal injury settlement. We understand that these situations can be complex and confusing, and we are here to provide guidance and clarity in your situation.
You can be confident that your lawyer will protect you and help you secure a favorable outcome. Contact our law firm today at (404) 777-7778 or message us online to schedule a free consultation with our team and talk with our staff.
