If you’ve been injured in a car accident and owe back child support, you may feel torn about filing a claim. Many people worry they’ll lose their entire settlement to child support payments. At our firm, our Florida car accident attorneys hear this concern often.
Here’s what you should know: Yes, some of your settlement may go toward unpaid support—but not all of it. In fact, most people still walk away with meaningful compensation. Filing a claim is not only worthwhile—it could be one of the smartest decisions you make for your health and finances.
In this guide, we explain how settlements and child support arrears interact under Florida law, and how we help our clients keep what they need to move forward.
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Will Child Support Take My Entire Settlement?
No. In Florida, if you owe child support, the state may place a lien on your settlement. That lien allows part of your compensation to be used to pay down back child support.
But the full amount is not automatically taken.
The percentage withheld depends on:
- How much support you owe
- The size of your settlement
- Any active garnishments
- How your compensation is structured
We’ve worked with Florida Child Support Enforcement and insurers to resolve these liens fairly. You still get paid.
What Does Florida Law Say?
Florida law allows for the interception of injury settlements for unpaid support. According to Florida Statute §409.25656, child support agencies can issue a lien against personal injury awards when back support is owed. The Department of Revenue or another enforcing agency may notify your attorney or the insurance carrier of a lien.
However, there’s no need to worry. Funds are distributed based on what’s owed, but essential expenses—like medical bills and attorney’s fees—are typically handled first.
The rest is divided proportionally. You won’t lose everything.
Why It’s Still Worth Filing a Claim
We’ve met many people who nearly walked away from a valid injury case because they feared losing their settlement to child support.
But even if part of your payout goes to support, you’ll likely keep more than you expect. Your compensation can help you:
- Cover hospital and doctor bills
- Make up for missed wages
- Pay for therapy or rehab
- Reduce overall child support debt
Don’t let fear keep you from getting help. A Florida car accident attorney can protect your interests while helping you meet your obligations.
Can I Protect Certain Parts of My Settlement?
Yes. The way your settlement is broken down matters. We structure your compensation to prioritize what matters most:
- Medical bills: usually protected and paid first
- Legal fees: deducted before support obligations
- Pain and suffering: sometimes partially subject to liens
We fight to preserve as much of your recovery as possible.
What If I’m Already Making Payments?
If you’re current on child support, a lien may not apply. But if you owe arrears, some of your settlement may still go toward that balance.
In either case, it’s important to let your lawyer know. We can verify what’s owed and work with the state to ensure fair distribution.
What This Might Look Like
Say your total settlement is $75,000. You owe $12,000 in back child support. Here’s what might happen:
- Legal fees and medical bills are paid first
- A portion is earmarked for pain and suffering
- From what remains, child support may take $5,000–$8,000
- You keep the rest
You still receive a significant payout, and you reduce your support balance in the process.
Do Smaller Settlements Still Help?
Yes. Even a smaller settlement can make a real difference in your life.
Let’s say your injuries are minor and you settle for $15,000. After legal fees, medical bills, and a small portion for child support, you might still walk away with several thousand dollars.
That could help pay rent, buy groceries, or get your car back on the road. It’s not just about large payouts—it’s about getting what you need to move forward, no matter the size.
Will This Delay My Settlement?
No. If there’s a lien, we’ll coordinate with Florida Child Support Enforcement to resolve it quickly. You’ll stay informed the entire time.
Most personal injury claims settle within the normal timeline—even with a lien in place.
What If I Ignore the Lien?
Ignoring a child support lien is never a good idea. It could lead to:
- Delays in receiving your payout
- Additional penalties or interest
- Wage garnishment or driver’s license suspension
Instead, be upfront. Our Florida car accident attorneys can handle the paperwork and negotiation on your behalf.
Can We Negotiate the Amount Taken?
In some cases, yes. We may be able to:
- Verify the correct balance
- Request a reduction in payment
- Arrange for a smaller upfront portion
We’ve done this successfully for other clients. It depends on the agency and your case details.
What Happens If You Don’t File a Claim?
Some people decide not to pursue a car accident claim at all because they worry about losing money to child support. But this choice often causes more harm than good.
When you don’t file a claim:
- You get stuck paying your medical bills out of pocket
- You miss out on compensation for missed work
- You lose the chance to get any money for your pain, stress, and suffering
Filing a claim gives you options—and money in your pocket. Even if child support takes a portion, you’ll likely still walk away with a much better outcome than doing nothing.
A Florida car accident attorney can help you understand your rights and guide you through the process with clarity and care.
What If I’m Worried I Won’t Have Enough Left Over?
We hear this all the time. It’s a real concern. But in most cases, you will still receive a portion of your settlement that helps with your recovery and finances.
Your Florida car accident attorney will:
- Prioritize medical and essential expenses
- Work to minimize the amount taken for arrears
- Help you feel confident about the final payout
You won’t walk away empty-handed. Even smaller claims often result in thousands of dollars that go directly to you. And you’ll know that some of your child support debt was finally addressed.
Will Child Support Affect a Future Settlement Too?
Possibly. If your balance isn’t fully paid after your first settlement, a future payout could also be subject to a lien.
But the more you pay now, the less you’ll owe later. We make sure everything is properly credited to avoid future surprises.
Should I Tell My Lawyer About My Child Support Situation?
Absolutely. We’re here to help, not judge. We can only protect your interests if we understand the full picture.
Tell us upfront. That way, we can plan for any liens and negotiate from a position of strength.
Why Expert Guidance From a Florida Car Accident Attorney Matters
Working with an experienced Florida car accident attorney makes the process smoother—and more successful. We know the law, we understand how to work with the Florida Department of Revenue, and we know how to protect our clients.
We’ve helped many injured drivers with child support concerns walk away with fair, meaningful compensation. You deserve that, too.
We don’t just focus on the legal claim—we look out for your financial well-being. That includes:
- Coordinating with medical providers
- Reviewing liens for accuracy
- Structuring settlements for maximum client benefit
- Communicating with enforcement agencies so you don’t have to
When you work with us, you don’t just get a lawyer. You get a team that’s on your side.
You Deserve to Recover—Even If You Owe Support
Owing child support shouldn’t keep you from getting the compensation you need. If you’ve been hurt, you have every right to file a claim and seek recovery.
And you won’t lose it all. Most clients still walk away with a strong result, feel more financially stable, and reduce their debt all at once.
Let us help you get there.
Contact Our Florida Car Accident Attorneys for a Free Consultation
If you were injured in a crash and owe child support, don’t let that stop you from getting help. Our Florida car accident attorneys know how to handle these cases with care and confidence.
We’ve recovered millions for people across the state. We work on a contingency fee, which means no upfront costs—and no legal fees unless we win.
Reach out today to schedule your free consultation. We’ll help you move forward, recover what’s yours, and protect your rights every step of the way.
