Millbrook, AL asked in Personal Injury, Car Accidents, Child Support and Civil Rights for Alabama

Q: In Alabama if you are receiving a personal injury settlement from a car accident,can they take the entire settlement?

2 Lawyer Answers

A: Are you asking if the state can garnish the award for past due child support? Yes.

Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If you are getting a settlement I assume you have a lawyer. Ask them. Generally, in a lot of states the state will not take more than 50%. But in some, on child support they can take the whole 9 yards. I've been successful arguing that if my client doesn't get something they don't have an incentive to proceed, but all you'll get at best is whatever's left of 50% after the lawyer fee and costs.

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