Will My Florida Car Accident Settlement Be Garnished for Child Support Arrears?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I was involved in an accident, and my lawyer is stepping down because the other party's insurance company wants to pay out. I owe child support, so we're not sure if the settlement will be garnished or if I will get a partial settlement.
Geico wants to just cut me a check for the 10,000 for injury, however my attorney is afraid the IRS will garnish the whole check. She wants to step down because she doesn’t want to incur legal fees especially when she doesn’t think I will even get a portion of the check.
Attorney Answer
The IRS almost certainly is not the agency that would touch this settlement check; the real question is whether Florida's child support system will, and that is a much more manageable thing to plan for.
The IRS mainly intercepts federal tax refunds for past-due child support, not private settlement checks paid by an insurance company. That specific federal offset process (26 U.S.C. § 6402(c)) applies to tax refunds, so if someone told you the IRS will garnish this check, that may be a mix-up with Florida's own child support enforcement system, which is separate and does have real tools to reach settlement money when there are unpaid arrears.
Florida's Department of Revenue Child Support Program can pursue liens and withholding actions against various assets, including funds owed to someone who has delinquent support, and insurers or attorneys handling a payout are sometimes put on notice of these claims before disbursing funds. How much of your settlement could be reached often depends on things like whether there is already a judgment or lien on file for your arrears, and how the settlement is categorized. Compensation tied to your actual medical bills and injuries is often treated differently than money that stands in for lost wages, though the split is not automatic and usually needs to be worked out.
What you can do
1. Contact the Florida Department of Revenue Child Support Program directly to get your exact current arrears balance and ask whether they have any lien or claim on file connected to this settlement. 2. Get a second opinion from another personal injury attorney now. Your current lawyer stepping down over fee concerns doesn't mean your claim has no value; it may just mean this particular arrangement isn't working for that attorney. 3. Do not sign a release or accept the check until you and a new attorney understand exactly how much you will actually receive after any support-related withholding. 4. Ask about setting up a payment plan on the arrears directly with the child support program, which can sometimes resolve this more predictably than waiting to see what happens to the settlement.
Because the interaction between a personal injury settlement and child support arrears depends heavily on your specific arrears balance and how the case is postured, please get a new attorney to review this before anything is signed. This is general legal information, not legal advice. A Florida attorney can review your settlement and arrears balance and advise you on next steps.
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Frequently Asked Questions
Can the IRS take my car accident settlement for unpaid child support?
Not directly. The IRS mainly offsets federal tax refunds for past-due child support, not private insurance settlement checks. Florida's own child support enforcement system is the more likely source of any claim against a settlement.
Does all of my injury settlement count the same way for child support arrears?
Not necessarily. Money meant to replace lost wages is often treated differently than compensation for medical bills or pain and suffering, though exactly how a settlement gets categorized usually needs to be worked out with the payer and, if needed, the court.
Why would my personal injury attorney want to withdraw from my case?
Attorneys sometimes step back when they believe fees or costs won't be adequately covered by the likely recovery, especially in a contingency arrangement. It doesn't necessarily mean your case lacks value, and a second attorney may see it differently.
