Child support is not an uncommon occurrence, and it is important to understand that not every state follows the same rules for it. There are numerous laws surrounding child support: the methods used to calculate it, what can reasonably be used as income, the maximum punishment for missing payments, and more. It can be confusing to search for information only to find out that the law does not apply to you in your current state. One of the most contested forms of payment for child support and the laws pertaining to it is the presence of settlements stemming from personal injury lawsuits. Parents should be aware of what can be sought after and what cannot be pursued as per the law. Fortunately, our experienced attorneys at Normandie Law Firm are here to help any parent who is concerned over the status of a personal injury settlement – no matter what your questions may be. Some types of questions we get asked include:
- Do I have to pay child support from my accident settlement?
- Can my ex take my settlement from a lawsuit?
- Can I receive a portion of my ex’s accident settlement to cover child support arrears?
- How do child support arrears and personal injury lawsuits work in California?
Child Support Information
Child support is often sought when parents split and one parent gets custody of the children. The noncustodial parent may be asked to pay child support to help cover the basic needs expenses required to raise the children. These payments will be determined by a court and will be based on the income of the noncustodial parent. This means that a parent will not be forced to pay a gross amount of child support if his income does not allow him to.
When a parent misses payments and owes debt in the form of child support, the individual is said to be in arrears. This unpaid debt can be taken from any stream of income that the parent has, including new streams – which can be personal injury settlements. Additionally, these extra streams may include other salaries or wages, Social Security benefits and pensions, worker’s compensation benefits and settlements, and more. Settlements that are paid out in monthly installments may also be targeted because of their consistent and regular payout structures.
The debt can be sought after a parent seeks a court order from a judge containing the full amount of the arrears.
Liens in Child Support
A lien is a standing charge that necessitates payment of a debt. In child support cases, a lien can be set up so that a portion of the income that goes to the noncustodial parent must first be used to pay off child support debts. These liens are used in insurance cases, while garnishment of wages is used in other sources of income (such as benefits and such). Garnishment is the act of withholding wages from the indebted parent’s check, which are then paid directly to the noncustodial parent.
With respect to insurance cases, liens are used to guarantee that some of the debt will go towards the arrears of child support. However, there have been issues surrounding the amount that can be required to be sent to the custodial parent.
Many lawyers argue that the compensation stemming from a personal injury settlement is intended to cover the expenses that will undoubtedly rack up from the injury. This income, they say, should not be used to cover the expenses of another party. Some cases have featured parents who pursue the full amount of the projected settlement to cover any debts the noncustodial parents have not paid up. Those on the opposing side state that since some settlements are not consistent payments or regular checks, they should not be considered income in the same way that wages are. A one-time amount is not the same as a month’s worth of paychecks.
Further, some argue that if the full settlement amount is taken to cover child support arrears, the debt will wind up returning or growing even more due to the other expenses that will not get paid, such as medical bills. Settlements do not happen overnight; there is a lot of negotiation that goes into winning a settlement, and some cases must go all the way to court to have a verdict rule in the parent’s favor. Essentially, it is not a short process.
The Difference in California
In many states, there are opportunities for parents to pursue and acquire full settlement amounts from personal injury lawsuits that the noncustodial parents won. In California, however, this is not the case. Parents who are owed child support can only pursue acquisition of the expenses related to lost wages or missed income. The medical expenses, pain and suffering damages, and other types of awards cannot be pursued.
Of course, this can place the custodial parent in a dire situation, especially if the lost wages portion of the settlement is the lowest amount.
Duty of Lawyers
Attorneys representing parents who owe child support debts have a legal and ethical duty to honor any liens or requests made to pay off those debts immediately. Third parties that have set up liens or other requests must be honored. Attorneys who try to circumvent this and act in their clients’ best interests could have action taken against them.
Attorneys are generally alerted to the presence of these debts by the court, but if there is no alert, the attorney cannot be held at fault for not ensuring the payment of the debts. This responsibility often falls on the State; if an attorney were forced to search for any liens present, it would open up the possibility of overlooking the debt, which could create an even larger issue, one that involves the attorney.
Thus, lawyers must honor third party liens and claims.
Personal Injury Lawsuit Information
Personal injury lawsuits generally arise from the negligence of some other party causing an accident or incident that resulted in physical harm to an individual. People often pursue legal action after being harmed in car accidents, suffering injuries in slip and falls, getting hurt by products that malfunctioned or broke due to errors by the company or business, and more. These can result in myriad injuries, ranging from minor bruises and abrasions to severely broken bones and fractured body parts, as well as from short lived burns to permanent disabilities.
These cases generally allow you to recover medical expenses from the past and future, lost wages from the past and future, property damage, pain and suffering damages, and punitive damages. There is a two-year statute of limitations to filing a personal injury claim, which can be a problem for parents seeking any debts from child support be paid off – if the claim is not filed until the two-year deadline, it could be even more months before a settlement is reached, if any is reached at all.
Essentially, no parent should rely on the outcome of a personal injury lawsuit to collect any debts owed to him or her by a parent in arrears.
Normandie: Here to Help Parents
At Normandie Law Firm, we believe that all parents should receive the debts owed to them by indebted parents, and we feel that those who are receiving accident settlements should be given the fullest protection available to them under the law. Our skilled attorneys will help you no matter what side of the fence you are on. If you are a parent seeking payment of child support debt and you know that your child’s parent is on the verge of receiving a settlement, we can help ensure that you earn the maximum available compensation from the lien in the form of lost wages. If you are a parent who is indebted to your child’s parent, we will make sure that your settlement is protected and that no more than your lost wages are pursued.
Our lawyers are respectful and will do everything we can to preserve your rights. We are also aggressive in pursuing your fair compensation – we promise that you will not be taken advantage of by any other party.
Call our law firm today to receive a free legal consultation with an expert attorney. You can ask any questions you want about child support and personal injury lawsuits, and we will gladly answer them. All of our consultations are completely confidential, and you do not have to worry about any of your information leaving our offices.
Further, by selecting us to represent you, you will receive our zero fee guarantee, which promises that you will not pay any out of pocket expenses for our services. If you pursue a personal injury lawsuit, our fees will be taken from the settlement we bring you as a percentage of the total; thus, we only get paid if we win. If we lose, you owe us nothing whatsoever.
Reach out to Normandie Law Firm today for more help with any child support issues related to personal injury lawsuits.
