Can Child support take my settlement for auto accident?

Question

I've settled on an injury claim, but the medical bills are are still my responsibility to pay with this money. I was just wondering if child support would be able to garnish money that is meant to pay medical bills?

Answer 1

Sort of yes they can.  It is considered a "lump sum" payment.  There are different rules concerning different types of lump sum payments.  You need to look up your state, every state is different on how they handle this situation.

Here is a link that has a brief overview for each state.  Just find your state and there should be a lump sum payment section.

http://ocse.acf.hhs.gov/ext/irg/sps/sele...

If that section is unavailable or blank here is a link to find your states main site.

http://www.acf.hhs.gov/programs/cse/exti...

Now it is also my understanding that they can only take lump sum payments like IRS returns for back support and not current or future support.  If you get bonuses at work, or commissions, there are different rules for that too.  But an auto-accident will have different rules than a tax return offset or commissions, etc.

So, again, this really depends on your state, and if you have child support arrears.  Maybe they can only take your pain and suffering money, but not the amount for the med bills?  Not sure, you have to look up your state.

Answer 2

deposit money in an IRA-you will have to wait 60 days,then draw out.do not put in bank account-simply cash the check minus the 10% penalty.cash out in less than 10k increments.

Answer 3

Some states, like RI, MA and CT, require the insurance company to contact the DOR to determine if the claimant owes any child support.   If so, they get the first cut on the settlement.  

I have seen plenty of cases where the claimant received nothing after the DOR and the attorney got their share.

Answer 4

they might try if you aren't paying enough for child support..  you'll need to fight it and tell them that the money is for your medical bills..  take the money out of the bank and hide it under your mattress if you have to to keep them from taking it..

Answer 5

Well if you were properly supporting your children then you wouldn't have to worry about this would you?