Yes, if you have an existing child support order and have fallen behind on your court-ordered child support payments, a Florida family law court can place a child support lien on your settlement. This works similarly to a wage garnishment, in that the court appropriates the outstanding balance of owed child support from your settlement and gives it to the custodial parent.
However, if you are current on your child support obligations, the question of whether or not child support can be withdrawn from the settlement amount gets a little murkier. Our West Palm Beach personal injury lawyer can help you manage your personal injury settlement, but we recommend that you consult with your family law firm about your child support arrears.
Personal injury settlements and Florida law
Florida personal injury claims are intended to compensate an injured party (the plaintiff) for losses suffered due to the defendant’s negligence or malicious actions (the party who caused the accident or injury). Damages in personal injury cases typically include all medical expenses, lost wages, pain and suffering, and any other out-of-pocket expenses or non-material losses the plaintiff experienced. The settlement also covers legal bills, as most personal injury lawyers work on a contingency fee basis.
So, the money you get from your settlement should pay all your outstanding medical bills, fix a damaged vehicle, allow you to catch up on your bills if you missed work and had to take unpaid leave and reimburse you for any other expenses you incurred.
However, not all the money in your settlement may be compensatory. A family law judge may view a settlement that includes substantial non-economic damages or punitive damages as an increase in your assets or income and thus may seriously consider a petition for additional child support filed by your child’s other parent. The Florida Department of Revenue will notify a paying parent who receives a personal injury settlement about their obligation to provide child support out of the settlement.
Garnishment of your settlement isn’t automatic. Before you have to hand over any part of your settlement, there is a legal process, and often, a court order is needed.
Florida laws regarding settlement garnishment for child support
If the recipient owes child support, they may face garnishment per Florida law. Even if the plaintiff doesn’t earn an income, the courts may still permit the outstanding child support debt to be settled with their personal injury award. This applies to both economic and non-economic compensation awards.
There are a few factors that may impact whether any amount of child support could be subtracted from your award. Settlements are generally exempt from garnishment and creditor demands if the recipient is considered Head of Household OR contributes more than 50% of the support for their child.
Some settlement portions may become non-exempt if the recipient defaults on their court-ordered child support.
The nature of the settlement also determines whether it can be garnished. For example, punitive damages awarded in cases of intentional violence or gross negligence may not be garnished for child support. And, economic damages for medical expenses typically won’t be garnished, as these are often earmarked to cover future medical needs and repay any liens or medical loans you may have required while your case was pending.
While you may have a legal obligation to settle your back-owed child support payments, there are some legal strategies you can discuss with your personal injury lawyer to best handle your settlement monies.
Need help with your personal injury case?
If you’ve been injured and need guidance on your personal injury claim, don’t face the process alone. Experienced legal support can make a big difference in securing the compensation you deserve.
Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation. Let our dedicated attorneys review your case and help you take the next steps.
