Im on child support for my daughter in which my ex took off and does not let me see my daughter. I now have been in a different relationship for five years in which I have 2 boys. How much of my personal injury claim can the Florida DOR intercept?
Child Custody Lawyer
There is a good possibility that you may lose some of your money, just because you have other kids does not relieve you from paying back child support. You should consult a local attorney so he or she can give you a complete legal analysis of your situation.
JMP Law, P.A.
Juna M. Pulayya
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Personal Injury Lawyer
If you owe back child support, a portion may be recovered from settlement.
Lassen Law Firm Personal Injury Lawyers Philadelphia. www.InjuryLawyerPhiladelphia.com Phone 215-510-6755.
Family Law Attorney
Though it wouldn't be impossible for them to do so, DOR doesn't "intercept" lasuit settlements the way they do tax returns. That's because there are special laws that allow DOR to contact the IRS and other public agencies to capture money. There are no laws that allow DOR to automatically contact the party that owes you money under the settlement (probably an insurance company) and tell that party to give the money to your ex or to the state to pay back support.
However, DOR could theoretically file a motion with a judge and ask the other party to pay the money directly to your ex or to the state. I've never seen it happen, though. DOR probably doesn't even know you are receiving a settlement and probably won't know unless your ex tells them.
If DOR does file the motion to capture the money, it's doubtful that any of it can be protected. You'll probably lose as much of it as it takes to pay off your back support debt.
As far as seeing your daughter is concerned and your ex taking off with your daughter, you should speak to a lawyer about contempt and other possible actions against your ex.
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Family Law Attorney
DOR does not do intercepts of injury cases only IRS refunds. (unless they know about the injury award).