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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Child Support Arrearage with Pending Personal Injury Lawsuit

    My question involves child support in the States of: SC and GA. The custodial parent lives in GA, the non-custodial parent lives in SC and the case is being worked through SC. The case originated in GA, however, the custodial parent had the case moved to SC. A significant amount of back support is owed to the custodial parent in this case. Some 45k+. The non-custodial parent is currently in jail in SC for this non-support (approaching six months). Just before the non-custodial parent went to the court for the non-support the non-custodial parent was injured in a car accident. The non-custodial parent has a pending lawsuit due to the accident. In addition, the non-custodial parent has a workman's compensation case, of which, the court put a lien against for CS arrears. The question is: Will any or all of the Pending Personal Injury Lawsuit - settlement - be required by the court to be placed against the CS arrears? At this time, the settlement is not a determined amount but may be up to 5k.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Child Support Arrearage with Pending Personal Injury Lawsuit

    In short, yes! Any monies 'bestowed' to the non-custodial parent may be applied to child support arrears owed.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: Child Support Arrearage with Pending Personal Injury Lawsuit

    ... But make sure the court where the personal injury action is pending is formally notified of the child support claim.

  4. #4
    Join Date
    Apr 2009
    Posts
    2

    Default Re: Child Support Arrearage with Pending Personal Injury Lawsuit

    Thank you. That is what I thought would be the case.

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