Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
