Orlando, FL asked in Child Support, Family Law and Wrongful Death for Florida

Q: Can a wrongful death settlement be garnished by the court for child support arrearage?

My oldest daughter was killed 6 months ago when she was crossing the street and hit by a drunk driver. The driver only had state required Insurance which pays 10,000$ to the next of kin for wrongful death. Because I'm her mother I'm her next of kin and receiving the wrongful death settlement. I also have a younger son which I don't have custody of and have arrearage owed for child support. The custodial parent is now taking me to court for the arrearage owed and is trying to take the arrearage owed out of the wrongful death settlement. Is this legal? I live in the state of Florida and have no money for legal counsel. Any advice would be greatly appreciated.

2 Lawyer Answers
Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq.
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: This question is outside my area is specialization as a personal injury lawyer. You need to consult with a family law attorney.

Bruce Alexander Minnick agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It appears to me that the custodial parent can get the wrongful death settlement; it's not exempt.

Bruce Alexander Minnick agrees with this answer

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