Will My Personal Injury Settlement Affect My Arkansas Child Support Payments

Child support obligations may be affected by your personal injury income

Following the decision of your personal injury lawsuit, you must bring up to date the court that managed your child support case. Subsequently, the income you’re compensated in your injury settlement may affect your child support obligations. There are numerous potential complicating aspects, nonetheless, so it’s wise to talk to a family lawyer. Your attorney can advise you with regards to your legal rights and obligations. What follows is some general information that could be to your benefit in this subject.

A Settlement Award as Personal Income

Many states address the earnings from the compensation for injuries like a personal income to use at least in some measure to cover supporting your children. In Arkansas, everything established to be “income” is subject to the child support guidelines. Ark. 36

Overdue Payments

After the exceptional suffering of any severe injury, delinquent child support obligations could add to one’s level of stress. Having said that, you’re by law required to meet your financial obligations to your kids. Once you collect your personal injury payout, you could be required to apply some or the entire thing for child support payments.

Your Personal Injury Award and Child Support

Should your injuries leave you not able to work plus the personal injury award consists of recovery of your lost income, that part you recover for income might be deemed regular income.

  • The percentage of your settlement award that will go toward paying child support will likely be the same as your normal earnings percentage.
  • A family law attorney will tell you how much of your personal injury award may go toward your doctor bills and other expenses and just how much should be given out for supporting your children.

Upcoming Child Support Installments

Payment gained due to a jury judgment and even out-of-court settlement is typically thought to be income, at least partly.

Your settlement earnings will probably be treated normal income that will go toward paying Arkansas child support
  • If the earnings are significant, it could possibly modify the sum of money you’re required to pay for child support into the future.
  • This may, in particular, be true if the amount incorporates reimbursement apart from medical bills.
  • After reviewing your case, Lisa Douglas offers legal guidance and will outline precisely what you’ll be required to pay with regards to your Arkansas child support.  Zero cost consult.  (501) 798-0004/lisa@lisagdouglas.com/Fill out the form

2 thoughts on “Will My Personal Injury Settlement Affect My Arkansas Child Support Payments

  1. Daryl Reply

    I have 3 kids I pay child support on and was injured in a car wreck. My lawyer is about to settle my case and I’m afraid I will have to pay a huge amount of child support because of that. What is considered income in my personal injury claim?

    • Lisa Douglas Reply

      In Arkansas, income is broadly defined. According the Child Support Guidelines:

      Cases reflect that the definition of “income” is “intentionally broad and designed to encompass the widest range of sources consistent with this State’s policy to interpret ‘income’ broadly for the benefit of the child.” Evans v. Tillery, 361 Ark. 63, 204 S.W.3d 547(2005); Ford v. Ford, 347 Ark. 485, 65 S.W.3d 432 (2002); McWhorter v. McWhorter, 346 Ark. 475, 58 S.W.3d 840 (2001); and Davis v. Office of Child Support Enforcement, 341 Ark. 349, 20 S.W.3d 273 (2000)

      In Arkansas, VA disability benefits, workers compensation, social security disability and even unemployment are considered income for the purposes of child support. So make sure you fully discuss this issue with your personal injury lawyer before settling your claim.

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