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Moundville, AL asked in Car Accidents, Child Support, Civil Litigation, Personal Injury and Family Law for Florida

Q: Can child support be taken from car accident lawsuit winnings in Florida?

I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the distribution of my lawsuit settlement?

2 Lawyer Answers

A: Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to you. This is something you need to ask your attorney.

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Answered

A: Yes, in Florida, your child support obligations can impact the distribution of your car accident lawsuit settlement. If you’re behind on payments, the state has the authority to intercept certain funds to satisfy the arrears, and personal injury settlements are not automatically protected. This means that if there’s a judgment or lien in place for unpaid child support, part of your settlement could be used to pay down what you owe.

The amount taken will depend on how your settlement is structured. Compensation for lost wages is more likely to be subject to child support garnishment than money designated for medical expenses or pain and suffering. If the child support enforcement agency is aware of your case, they may file a claim or lien against the settlement before funds are released to you.

It’s a good idea to review the details of your child support order and check whether there’s an existing lien or court action in place. You can also request that any settlement agreement clearly outline how the funds are allocated, which might help protect some portions from garnishment. Dealing with both legal issues at once is stressful, but facing the child support matter directly now may help you avoid bigger complications down the line. You’re not alone—many people go through this, and there are ways to resolve it with clarity.

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