Car accidents are quite prevalent these days. There are several reasons car accidents take place. The process that follows is not an easy one, but the settlement does occur, and depending on your injuries, the accident details, and other factors, you will be given your due compensation. (Image Credit: Freepic.diller/Freepik)
The problem arises when you get into a car accident, and you realize that you have past due child support payments. This does happen in several cases. In this case, the party is almost always worried about reducing car accident settlement, not being compensated enough by the insurance company, and above all, being guilty. Well, in this article, we’ll tell you how your past-due child support payments can affect your settlements.
So, Can Those Overdue Payments Reduce Your Car Accident Settlement?
In most cases where the payments are still due, the insurance company or the car accident settlement does settle your case, but the money you are compensated with will pay your overdue child support payments first. So, in most cases, a lien is placed on your car accident case file. Now, what does a lien do? A lien is a legal notice that is attached to your case settlement. A lien by the court means that the payment from the settlement is secured to pay the debt or other installments.
If you are behind on your child support payment, the state will send you certified mail and consequently notify the other parties involved in your cases – such as the insurance company and your child custody lawyer about the lien.
Will Your Other Outstanding Bills Be Paid?
Now, because your child support due payments is being paid by the compensation given to you in a settlement, it does not mean that your child support payments will be prioritized. The priority will always be given to your child custody lawyer or attorney and your medical expenses, which can also have liens placed on your settlement. After paying these dues, your child custody due to payments will be paid. So, other outstanding bills will be paid, and the rest of the compensation will be handed over to you.
Does Your Joblessness Affect Your Case?
It does. If you have a child and you are also paying child support, you will specifically need to petition the court. The jury and the court may postpone your payment until the settlement. But you will have to file a petition to the court on an urgent basis. You better let your child custody lawyer know about this. Your attorney will adequately guide you through the process and suggest to you the best option to go for in such a case.
What Happens When a Person Is Not Able to Afford Child Support?
This happens quite often. The uncertainty of one’s job is also understood by child support institutions. So, in such a case, your priority should be to get your payment modified. People get their child support changed, and in fact, this option is there for people who lose their jobs or are injured. When you can’t afford to make the child support payment, you can always contact your lawyer and work with them so that you sketch a plan about paying your child support dues.
Moreover, a lien can also be changed, reduced, or completely removed. If you feel that you need any of these, then you should contact your attorney and talk them into the matter. If you have enough evidence to back your request or claim, your lien can be reduced or removed.
