Can a personal injury settlement be counted as income in regards to unpaid child support in tx?

Asked about 1 year ago - Houston, TX

My ex was court ordered to pay child support a few years back, I recently found out he is to receive a personal injury settlement. He has not paid a dime or even tried to have a relationship with his child. I contacted attorney General office(texas) and they placed a lien on it. Does this mean that I will get my arrears that he owes me before he gets paid out? I ask because I read on one of these forums attys and insurance companies are required to comply with the CSLN to verify any unpaid child support before paying out....

Thanks in advance,

Attorney answers (4)

  1. J. Trenton Bond

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . If the Attorney General has notified your ex's lawyer of the arrears then any arrears you are owed should be held out of the settlement. Consult with your family law attorney that your ex's lawyer has in fact been given proper notice, but the AG's office is typically very good at making sure this gets done but it does not hurt to double check.

    Any communication through the Avvo site with Portner Bond, PLLC or any individual member of the firm does not... more
  2. Gregory S. Baumgartner

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Once the attorney gets notice from the AG they should hold back the clients portion of a settlement to go toward the unpaid child support.

    This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The lawyer can hold the arrearages

  4. George Costas Andriotis

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In Florida they can garnish your settlement and I'm sure it is the same in Texas.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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