I was in a car accident and i have a claim for injury and pain and suffering. I recieved a income with holding order from child support enforcement. Can they or they can't take my money from me from my lawsuit. because i have to pay for doctors and lawyers.
Motorcycle Accident Lawyer
Yes. If you owe past child support, pursue to ARS 25-505, et seq., DES or its agent "may issue a limited income withholding order to any . . . payor or other holder of a nonperiodic or lump sum payment that is owed or held for [your] benefit." According to ARS 25-505(E)(10), a "lump sum payment" includes "personal injury awards."
Criminal Defense Attorney
Yes, the state takes failure to pay child support very seriously and most forms of income, including settlements, are subject to withholdings.
Verdura Law Group PLLC
Medical Malpractice Attorney
My colleagues are absolutely correct on this. If the Child Support Enforcement folks decide to pursue your recovery, the have the legal tools to do so. However, it may be possible to negotiate with them, so that medical bills are satisfied or partially satsified first.