QUESTION
What percentage/dollar amount do I get from the settlement and then I understand the rest would go to child support?
Asked on Sep 20th, 2013 on Personal Injury - Rhode Island
More details to this question:
I was in a car accident in Nevada and owe child support in Arizona. Child is 19 and I no longer pay the child support order but owe back child support. I owe $14,500 with $5300 being principal and the rest interest. Child support put a lien on my settlement. Would I at least get my missed wages and costs to buy a new vehicle?
8 ANSWERS
Ronald A. Steinberg
You should get half of what is left after the attorney fee and costs are deducted.
Answered on Sep 30th, 2013 at 1:09 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It has nothing to do with the nature of the settlement. Child support can lien the entire amount that is owed for back child support and interest.
Answered on Sep 25th, 2013 at 10:00 AM
Thomas Edward Gates
Depends upon how large the settlement was. If you had an attorney and owe medical costs these expenses would also come out before you receive anything.
Answered on Sep 24th, 2013 at 11:51 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You get whatever is left after child support gets paid.
Answered on Sep 24th, 2013 at 11:49 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Why should you get anything? if you owe, you owe. How do you deal with that?
Answered on Sep 24th, 2013 at 10:34 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what you settle the case for and what amount Arizona will settle its lien for. For example, if you settle your case for $14,500 or less and Arizona will not agree to take less than that to satisfy the lien, then you will get nothing. On the other hand, if you settle for 50,000, and there are no attorney fees or other liens on the settlement, then you would get 35,500.00.
Answered on Sep 24th, 2013 at 10:32 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Unless there are mitigating factors to be considered that you haven't detailed, the parent to whom you child support is entitled to recover all that you owe from your settlement, and you get any money that remains, period.
Answered on Sep 24th, 2013 at 10:21 AM
Child support services will be paid first.
Answered on Sep 24th, 2013 at 9:51 AM