“My child’s father owes me a large amount of back child support. He is going to be receiving a settlement for a car accident. Will the state take the back child support out of his settlement automatically like they do with his tax returns, or will I have to rely on him to pay it on his own?”

The State can put a lien against his personal injury award if they know about it, and if there is a specific judgment in that regard. However if it is just done as a private transaction (not like the tax return seizure) then if you do not file a lien with the insurer or his attorney, then he might just get his money.

With regards to past due amounts, if he is on a payment plan, it may take a specific order accelerating his payments to get at the personal injury award money.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.