Child Support Lien Against a Personal Injury Case

[JStryker]

My question involves an injury that occurred in the state of: California

I was in an accident where the other driver was at fault and I incurred medical costs in excess of 80k (shoulder surgery)

My attorney recently received a letter from the at-fault party's insurance company stating they received a lien from DCSS (Dept Child Support California)


My question is this: How much of the settlement (amount unknown yet) will they take in California to settle the lien?


Will they take the entire settlement or will they ensure the attorney gets his cut first and then take the remainder? Im not trying to scrimp out on paying the arrearages - because I would have turned around and just paid them off anyway. My fear is that they take the entire settlement and then the attorney doesnt get his 30% and then sues me or fires me before we can settle... I dont know and am scared as hell.




(PS> Save the deadbeat dad comments - My ex-wife was living with a millionaire in Los Gatos Hills - my daughter had her own movie theater in said mansion - I was out of a job and my ex verbally agreed with me not to collect child support until I was back on my feet. She gets divorced from the millionaire and then comes after me for arrears. Yea - I was an idiot for not getting the child support modified - she SHOULD have been paying me) (modified)

[BooRennie]

My question involves an injury that occurred in the state of: California

I was in an accident where the other driver was at fault and I incurred medical costs in excess of 80k (shoulder surgery)

My attorney recently received a letter from the at-fault party's insurance company stating they received a lien from DCSS (Dept Child Support California)


My question is this: How much of the settlement (amount unknown yet) will they take in California to settle the lien?


Will they take the entire settlement or will they ensure the attorney gets his cut first and then take the remainder? Im not trying to scrimp out on paying the arrearages - because I would have turned around and just paid them off anyway. My fear is that they take the entire settlement and then the attorney doesnt get his 30% and then sues me or fires me before we can settle... I dont know and am scared as hell.




(PS> Save the deadbeat dad comments - My ex-wife was living with a millionaire in Los Gatos Hills - my daughter had her own movie theater in said mansion - I was out of a job and my ex verbally agreed with me not to collect child support until I was back on my feet. She gets divorced from the millionaire and then comes after me for arrears. Yea - I was an idiot for not getting the child support modified - she would have been paying me)

No, she would not have been paying you. His income would not have entered into the formula at all.

[Mr. Knowitall]

The lien is against your share of the proceeds, not the lawyer's fee.

[JStryker]

The lien is against your share of the proceeds, not the lawyer's fee.

Thank you! I suspected that - it was the most logical in my mind.... however this is California we are talking about and Cali is known to defy logic.

thanks Mr Knowitall!