Will Child Support be Modified If I Receive a Personal Injury Settlement?

Family Attorneys

Have you recently obtained a personal injury settlement? Are you also obligated to pay child support? If the answer is yes, chances are you may be wondering if your child support payments will increase as a result. Facing a personal injury will surely require legal action to secure the compensation you may be entitled to. However, if you owe child support, you may be required to make payments towards child support prior to being able to obtain your settlement. Additionally, in some cases, your ex may make attempts to increase the child support your child may be entitled to. Working with a child custody lawyer can provide you with the legal guidance you need when managing child support payments in the wake of a settlement.

Facing Personal Injury

There are a number of ways that a person may fall victim to a personal injury. When an accident has occured at the hands of another negligent party, it may be beneficial for accident victims to pursue a personal injury settlement with the insurance company. Common types of personal injury cases include:

  • Car Accidents
  • Products Liability
  • Slip and Fall
  • Medical Malpractice
  • Accidents in the Workplace
  • Premises LIability

Proving a personal injury case requires the presence of several elements. A lawyer can assist you in gathering evidence to prove that:

  1. There was a presence of duty of care
  2. There was a breach of the duty of care
  3. Your injuries were the result of the accident
  4. You obtained damages as a result

A personal injury settlement can provide victims with the benefit of obtaining compensation for the damages they have faced as the result of an accident. It’s important to note, that if you experienced lost wages from the accident you may need to catch up on your child support. This is especially true if you were unable to make child support payments as a result.

Reasons for Personal Injury Settlements

It may be in your best interest to seek a personal injury settlement if you have suffered damages that were the result of the accident you were in. A personal injury is a way of helping victims to feel whole again after the accident they have experienced. Common reasons to take legal action when faced with an accident may include:

  • Medical Expenses
  • Property Damage
  • Lost Wages
  • Secure Funds for Future Treatments

It’s important to be aware that your medical expenses will be paid. However, the court may determine that you must pay more child support as well. In situations where you owe arrears for outstanding child support, your settlement may be garnished to settle the child support that you owe to your child.

Your Ex May Request a Modification of Child Support

If you have received a personal injury settlement, your ex may request to modify child support payments with the court. This may be met with some sense of anxiety on your part, especially if you are reliant upon the settlement you received to cover damages from the accident you experienced. However, the court will evaluate the needs of your child to determine whether child support payments should be increased. This is a primary reason it’s vital that you speak with a child support lawyer to review your specific situation in accordance with state laws. They will have the ability to provide you with the direction you need when determining the best way to move forward with your case.

Facing a possible increase of child support in the wake of a personal injury settlement can quickly become a tense situation. However, working with a custody lawyer right from the start may prove beneficial should your ex seek more child support as the result of your settlement. In some cases, your lawyer may be able to argue that your settlement is needed for the medical expenses you incurred from the accident. Don’t hesitate to contact a child support lawyer as soon as possible for the assistance you need in moving forward.

Source: Family Attorneys Tampa, FL, The Mckinney Law Group

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