Can Child Support Take My Personal Injury Settlement in Florida?

Your personal injury settlement can be taken for child support in Florida.

Florida law requires both parents to financially support their children. Unfortunately, many people disregard their court-ordered child support obligations. In that situation, a personal injury settlement can be taken to pay. With a child support order already in place, the court can garnish those funds.

Child Support Garnishment Laws in Florida

Florida has child support garnishment laws. It’s important to know the conditions for settlements and the differences between arrears and liens.

Conditions for Garnishment of Settlements

According to Florida Statute 77.01, a person has the right to recover court-ordered support through a writ of garnishment. This can include part of a settlement obtained by the individual who owes. A parent can request this from the family court to pay toward the welfare of their child.

Differences Between Child Support Arrears and Liens

Depending on the situation, there might be child support arrears or liens. The former means that a parent owes past-due money and the former means a legal claim has been placed on someone’s property. The lien remains until the individual pays. If they fail to pay their child support debt, their property can be seized and sold and the proceeds go toward payment.

Factors Influencing Settlement Garnishment in Florida

Certain factors influence Florida settlement garnishments. You must understand exempt vs. non-exempt portions, the nature of the settlement, outstanding child support debts and types of damages awarded.

Exempt vs. Non-Exempt Settlement Portions

Usually, personal injury settlements are exempt from garnishment and creditors to satisfy debt. This applies when a person is considered head of household or supports their child more than 50%. Settlement portions are non-exempt when a person has defaulted on court-ordered payments.

Nature of the Settlement

The nature of a personal injury settlement impacts whether it can be garnished. According to Florida Statute 627.737, punitive damages are awarded in cases involving gross negligence or intentional violence. These settlements cannot be garnished for child support debt.

Outstanding Child Support Debts

According to Florida Statute 61.12, a parent with outstanding child support debt can face garnishment. The court may allow taking money out of a personal injury settlement if the person doesn’t earn an income.

Types of Damages Awarded

If you owe child support and win a settlement award, you can face garnishment. This applies to economic and non-economic damages from personal injury compensation.

Protecting Personal Injury Settlements from Child Support Claims in Florida

There are ways to protect personal injury settlements from child support claims. This requires understanding legal strategies for protection and using a Florida attorney for settlement negotiations.

Legal Strategies for Protection

Some aspects of your personal injury settlement are treated differently from others. For example, economic damages like medical expenses can sometimes be protected from garnishment. You can also safeguard part of your settlement by placing it in a trust.

Using a Florida Attorney in Settlement Negotiations

You can use a Florida attorney to help in settlement negotiations. If you and your child’s other parent are open to it, mediation allows you to create a formal agreement that can be submitted to the family court. If this isn’t possible, your attorney can take other actions.

Implications of Personal Injury Settlements on Future Child Support Payments

Your personal injury settlement can affect future child support payments. One common way is if your injury is severe, it can reduce how much you pay. Another implication is your payments may be increased if you receive a large settlement.

How to Manage Child Support Obligations After Receiving a Settlement

After receiving a personal injury settlement, it’s wise to consult with an attorney. They can advise you on how to manage your child support obligations. You may need your order modified by the court to reflect your current financial situation.

Frequently Asked Questions

 

Can a Personal Injury Settlement Be Garnished in Florida?

Personal injury settlements aren’t usually garnished, but they can be if you owe toward court-ordered payments.

Is a Personal Injury Settlement Considered Income in Florida?

Personal injury settlements are not considered income in Florida.

Are Personal Injury Settlements Marital Property in Florida?

Personal injury settlements are not considered marital property.

What Is the Statute of Limitations for Personal Injury Claims in Florida?

Florida has a two-year statute of limitations for personal injury claims.

How Much of My Settlement Can Be Taken for Child Support?

In Florida, some or even all of your settlement can be taken to pay for child support.

Can Future Structured Settlement Payments Be Garnished?

Future structured settlement payments can be garnished to pay for certain types of debt. This includes child support.

Can Medical Expense Compensation Be Garnished for Child Support?

Medical expenses compensation can be garnished for child support.