Friday, August 19, 2016

Child Support and Personal Injury Settlements

The law provides that if you have a personal injury settlement and you have back-due child support, you have to pay some of your settlement money to the child support arrears.

The law provides that the amount of any award or settlement that is over $5,000 shall be subject to a lien from the domestic relations office for any past due child support arrears.  Therefore, before you settle your case, you'll have to determine how much child support your owe and how much of any settlement would be taken by domestic relations.

Further, the amount that can be attached is the net proceeds above $5,000.00.  "Net" has been defined to mean the amount left over above $5,000.00, but only after attorney fees and costs are taken out of the total proceeds.

It sounds complicated, but it's pretty simple.  The first $5,000.00 is free of any lien from domestic relations.  Anything above $5,000 is subject to a lien but only after the attorney fee and costs are taken out.

As always, should you have any legal questions, please do not hesitate to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

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