PERSONAL INJURY CLAIMS AND CHILD SUPPORT
Sometimes, during the process of settling an injury claim for a client, the Texas Attorney General’s Child Support Intercept Division will contact my office advising us of a child support lien, or an interest in a portion of the client’s settlement proceeds. This can be a confusing time for a client that isn’t familiar with how settlement proceeds are subject to any outstanding child support obligations. The laws that govern child support liens are found in the Texas Family Code, Sections 157.311 through 157.331. In summary, parties that are put on notice of a child support lien are required by law to contact the child support intercept division when they are put on notice, so the State of Texas can determine how much of the client obligor’s settlement will be confiscated to be applied to a child support debt that is owed. The amount the State of Texas will confiscate is determined by a number of factors including how much is owed is back child support, how long the debt has been outstanding, and whether or not the obligor is making active payments to become current with payments. Unfortunately, there are not many options when it comes to money owed to the State for unpaid child support. Many clients though, are happy when they find out their children will be receiving money they should have been receiving during the time the client’s child support obligations were not being met.
If you or a loved one have been injured and need more information about how your potential settlement may be affected by outstanding child support obligations, contact our office for a no hassle, free and confidential consultation. At The Patel Firm PLLC, we are always ready to discuss your matter. 24/7/365, we are only a phone call away. Contact us today.