My Child’s Father is Receiving a Large Settlement, Can the State take Money from it to Pay for Back Child Support?

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“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?”

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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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Author: House Attorney

A house attorney has answered this question.

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