How Does Child Support Affect My Personal Injury Case?
Child support does not prevent you from filing or pursuing a personal injury claim, but it can affect how much money you ultimately take home if your attorney recovers compensation on your behalf. In Texas, the Attorney General has the authority to file a child support lien whenever there is unpaid child support. This lien notifies the public—and anyone paying you on your behalf, including your attorney—that you owe child support. As a matter of public policy, the lienholder (usually the Attorney General) is entitled to collect from your personal injury settlement after attorney fees and medical bills are paid.
If no lien is filed, you generally are not responsible for paying child support through your settlement. For instance, if the total amount owed is less than what remains after paying your attorney and medical expenses, you may still walk away with some compensation. However, if your owed child support exceeds what’s left after attorney fees and medical bills, it can significantly reduce—or even eliminate—any money you take home from the settlement.
An experienced attorney can sometimes negotiate with the Attorney General to reduce the lien or arrange payment structures that allow you to keep more of your recovery. In some cases, the parent receiving child support may agree to waive or reduce the obligation—particularly if the child is older or no longer needs ongoing support—but this still requires the Attorney General’s consent.
Example 1: Suppose your case settles for $30,000, with $5,000 in attorney fees and $5,000 in medical bills. That leaves $20,000. If there is a $10,000 child support lien, you would still go home with $10,000. Your attorney may also negotiate with the Attorney General to reduce the lien, which could increase your take-home amount.
Example 2: Now suppose your case settles for $30,000, with the same $5,000 in attorney fees and $5,000 in medical bills, but your child support owed totals $50,000. In this scenario, your recovery would not leave any money for you directly. Even so, hiring an attorney is beneficial, as the money recovered from your case will still cover some medical bills and may allow negotiations to reduce the child support lien, indirectly benefiting you.
It’s also important to understand the priority of payments in a personal injury settlement. Attorney fees and medical bills are typically paid first, and only then does the child support lien attach to the remaining funds. This structure is designed to ensure that you are not unfairly penalized for seeking legal help or receiving necessary medical care.
Because every case and child support situation is different, it’s crucial to consult an experienced personal injury attorney. They can evaluate your unique circumstances, help you understand how a lien might affect your recovery, and take steps to maximize the compensation you can actually keep.
