What % of a car accident settlement can be taken for a child support lein?

Asked over 1 year ago - Melbourne, FL

i owe more than the policy is in total and hope you can help me

Attorney answers (4)

  1. David Hughes Harris

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . Technically, the whole settlement up to the amount of all outstanding child support can be demanded by Florida Department of Revenue (DOR).

    A precise answer depends on the precise facts, i.e. amount of settlement, how much child support is owed and how long owed, are child support arrears based on chronic non-payer vs. someone who has always paid until job loss), amount of other liens, attorneys fees and costs, etc. You should talk to your attorney about those details (it's not appropriate to detail them here in this forum).

    Depending on the size of the settlement and among the factors outlined above, it is not unusual for DOR to take between 50-65% or more of the net settlement proceeds. If your net settlement proceeds exceed the amount of the lien, then DOR may even request the entire amount to be paid in full.

    You should discuss this with your attorney. Agree with other counsel that you shouldn't settle a case without knowing your outstanding liens (whether they are child support, medical, etc.). It puts you in a box from which your position to negotiate is a challenge.

    Good luck,

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  2. Alexis Saphire Breyer

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . Each state is different but it may be that 100% of your accident settlement money can be taken to go toward back child support. Many times child support agencies will work with the injured person or his/her lawyer so that the injured person still receives some of the settlement money. I would wait to accept any offers until you have contacted child support and worked out an agreement with them. Once you have accepted the settlement offer, if you have not worked out an arrangement with child support, child support will not have an incentive to work with you to negotiate their amount due. What is best is for you to contact an injury lawyer to find out your rights to see what the legal protocols for child support are in your state.

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  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . State laws vary, but typically the past due amount.

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  4. Scott Douglas Camassar

    Contributor Level 16

    2

    Lawyers agree

    Answered . Depends on state law. In many states it's a percentage of what you would otherwise net after attys fees and costs

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