Why Is Child Support Taking Money From My Personal Injury Settlement?

Originally published by Herrman & Herrman, P.L.L.C..

So your attorney recently called and told you that after the negotiating process, the insurance company is making a settlement offer that may bring your matter to a resolution. You are happy! Finally, the stressful process of getting into a motor vehicle collision and the dealing with the injuries it caused is coming to an end. Then your attorney tells you that the insurance company also put him or her on notice of a child support lien. What does that mean? What does child support have to do with your personal injury? How much are they going to take? Can you dispute it?

The Rule

Unfortunately, though one would assume every child support obligor has intentions of paying their child support obligations, for one reason or another, an obligor can get behind on their responsibilities. When this happens, the State of Texas has strict rules on the status of such a debt. Generally speaking, if a obligor recovers compensation from a personal injury settlement, but has outstanding child support arrears, the State of Texas Attorney General’s office child support intercept division will attach a lien to the claim. This means that the obligor must satisfy their child support debt before the Texas Attorney General’s office will lift the lien and allow payment to the obligor.

Do I have to pay ALL my back child support debt before I can receive compensation for my injury?

Generally speaking, the answer is yes. Your attorney can always reach out to the Child Support intercept division of the Texas Attorney General’s office and ask that an amount be taken by child support that is less than the total amount outstanding. In some circumstances, child support is willing to work with the obligor. For your specific circumstance, you should ask your attorney to reach out to the Texas Attorney General’s office.

What about my medical bills? What about the fee for my attorney?

Good news! From the settlement offer, your attorney’s fees are deducted, as well as any medical bills you accrued as a result of the injury, before your child support lien is addressed, to ensure you are not creating new debts by attempting to pay existing ones.

It is important to always know your legal rights and be properly apprised of them in every situation. If you have ever been involved in a motor vehicle collision, you may be confused about the process and what to do next. The attorneys at Herrman & Herrman PLLC are always on standby to help! Contact Herrman & Herrman PLLC, located at 1201 Third St., Corpus Christi, Texas 78404 or 801 E. Fern Ave., McAllen, Texas 78501. If you have any questions about a potential claim or would like to sit down for a consultation and discuss your issue, please contact us immediately. At Herrman & Herrman PLLC, we always strive to put our clients, first!

*This blog is for informational purposes only and is not intended to, and should not be construed as legal advice.

The post Why Is Child Support Taking Money From My Personal Injury Settlement? appeared first on Herrman & Herrman, P.L.L.C.

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