A personal injury settlement has no impact on those who make their child support payments on time. In this scenario, the former spouse of the individual who receives the personal injury settlement cannot demand additional money based on this total. However, if a person is behind on child support payments, their personal injury settlement may be garnished accordingly.
At High Rise Financial, we offer pre-settlement funding to those involved in personal injury lawsuits and other types of cases. We are the leader in pre-settlement legal funding in the United States. Our team can teach you about pre-settlement funding and answer questions about how much child support can take from a personal injury settlement.
In This Article
- Am I Required to Use My Personal Injury Settlement to Pay Child Support?
- Can My Personal Injury Settlement Be Garnished to Pay Child Support?
- How Can I Dispute a Child Support Lien and Keep My Personal Injury Settlement?
- Do I Keep the Full Amount of My Personal Injury Settlement if I Regularly Pay My Child Support?
- Can I Get a Lawsuit Loan Based on a Personal Injury Settlement if I Pay Child Support?
- Apply for a Lawsuit Loan Today for Free
Am I Required to Use My Personal Injury Settlement to Pay Child Support?
A personal injury settlement is compensation that is awarded for economic and non-economic losses. It is not intended to be used to pay child support. Yet, there are times when people use personal injury settlements to pay back child support.
Child support arrears, also referred to as past-due child support, can cause a person’s finances to be closely monitored by the government. If a person gets a personal injury settlement but has past-due child support, this individual can be held accountable. In this scenario, the individual may be forced to pay their back child support out of their personal injury settlement.
If a person has child support arrears, a lien can be placed on their personal injury settlement. If this happens, the individual may be unable to access their personal injury settlement funds until their back child support is paid. At this point, only a portion of their initial settlement may be available.
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Can My Personal Injury Settlement Be Garnished to Pay Child Support?
For those with child support arrears, a personal injury settlement can be garnished. There are wage garnishment laws in many states. Certain states do not require wage garnishment for past-due balances.
An individual who gets a personal injury settlement in a state that allows wage garnishment can counter a child support lien. Doing so requires an individual to request a court hearing. If the hearing request is approved, this individual can challenge their past-due child support.
It can be difficult to dispute a past-due child support lien. An individual will need to provide compelling evidence to get the court to overturn a lien. Regardless, there are options available to present a strong argument.
How Can I Dispute a Child Support Lien and Keep My Personal Injury Settlement?
It is beneficial to consult with a personal injury attorney and family law lawyer. Both attorneys can offer insights into how to dispute a child support lien. The lawyers can work with an individual to build and present a compelling case.
There can be times when an individual can present evidence that shows their personal injury settlement is necessary to survive. At these times, a court may rule in favor of this individual. If the court does so, this individual may be able to keep most or all of their personal injury settlement.
If a court hears an objection to a child support lien and dismisses the claim, an individual is required to pay their past-due child support from their personal injury settlement. This can cause the settlement to be garnished for a set amount of time. Once the back child support is covered, this individual can receive their remaining settlement funds without any restrictions on how they are used.
Do I Keep the Full Amount of My Personal Injury Settlement if I Regularly Pay My Child Support?
In instances where a person pays their child support on time, the government cannot mandate that their personal injury settlement be used for child support arrears. This individual can get their personal injury settlement and has the flexibility to decide how to use it. The person receives the full amount of their personal injury settlement minus any legal fees.
There can be legal fees based on a personal injury settlement. For example, a personal injury attorney can operate on contingency. This means the lawyer will deduct their legal expenses from an individual’s personal injury settlement amount after their case is closed.
The legal fees for a personal injury case vary. A personal injury lawyer provides an individual with details about their legal fees before filing a lawsuit on their client’s behalf. This ensures an individual knows what to expect regarding the cost of any legal services.
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Can I Get a Lawsuit Loan Based on a Personal Injury Settlement if I Pay Child Support?
A person can get a lawsuit loan, even if this individual pays child support. There are many reasons why people get lawsuit loans in personal injury cases, such as:
Pre-settlement funding is available any time a person wants it. To request a lawsuit loan, an individual only needs to fill out a brief application. The entire application process can be completed online in just minutes.
There is no pressure to get a lawsuit loan. A pre-settlement funding company can answer any questions about lawsuit loans and help a person decide if now is the right time to get one. If so, the company can provide an individual with flexible lawsuit loan options.
An individual does not require a credit check or a review of their financial history to obtain a lawsuit loan. Conversely, a pre-settlement funding company learns about an individual’s personal injury case and their projected settlement amount. The company then creates a custom pre-settlement funding quote for this individual.
A pre-settlement funding company backs its lawsuit loans with support from highly trained and experienced professionals. These lawsuit loan experts encourage people to come forward and share any concerns and questions. They can teach people about pre-settlement funding and make informed decisions about it.
Apply for a Lawsuit Loan Today for Free
At High Rise Financial, we offer a wide range of lawsuit loan options. Our team can review your personal injury case and help you get pre-settlement funding. For more information, please contact us today.