After a car accident, many people hesitate to file a claim if they owe back child support. We hear this concern often at Denver Personal Injury Lawyers®.
You might worry that your entire settlement will go straight to child support and that there won’t be anything left for your medical bills or lost wages. That fear can stop people from getting the help and compensation they deserve.
Here’s the truth: yes, a portion of your settlement may go toward unpaid child support—but not all of it. And it’s still very much worth filing a claim.
In this article, we explain how child support and settlements interact in Colorado and how we help clients recover fair compensation even when back support is owed.
Will Child Support Take My Whole Settlement?
No. If you owe child support in arrears, part of your settlement may be used to pay it down—but not the entire amount.
Colorado law allows child support agencies or courts to place a lien on personal injury settlements. According to Colorado Revised Statutes §14-14-106, these liens help enforce child support payments in civil claims. This lien ensures that some of what you owe gets paid. However, the full amount of your settlement isn’t taken.
Instead, what’s withheld depends on several factors:
- The total amount of your settlement
- How much child support you owe
- Whether active liens or wage garnishments exist
- How the settlement is structured (medical costs, pain and suffering, etc.)
It’s a complex process, but it doesn’t mean you lose everything.
What Portion Might Be Taken?
There’s no fixed percentage because each case is different. Child support enforcement agencies usually work with your attorney and the insurance company to figure out what’s fair.
Here’s what often happens:
- A portion of your settlement goes toward back support
- The rest pays for medical bills, legal fees, and your recovery
In most cases we’ve handled, clients still walk away with meaningful compensation—even if they owed thousands in child support.
Why It’s Still Worth Filing a Claim
We’ve talked to many clients who almost didn’t pursue a case because of back child support. They feared they’d walk away with nothing, so they never filed a claim at all.
But here’s the truth: filing a claim is one of the smartest financial moves you can make after an accident—even if you owe support.
You won’t lose all your money. You’ll almost always walk away with compensation that helps you:
- Pay for medical treatment
- Cover rent and living expenses while you recover
- Catch up on other bills
- Reduce your overall child support balance
You deserve to heal and move forward. A car accident shouldn’t take away that chance just because of a past financial obligation.
Sometimes we can negotiate how much of the settlement goes toward support. That way, you keep more of what’s yours while still making progress on your debt. It all starts by understanding your rights and your options.
Will the Court Take My Medical or Pain and Suffering Money?
Not automatically. The way your settlement is broken down matters. For example:
- Money clearly marked for medical bills often remains protected
- Payments for legal fees and costs come out before child support
- Pain and suffering compensation may be partially subject to liens, depending on your case
We structure your settlement to make sure your essential needs are covered first. That helps you avoid getting stuck with unpaid bills.
Who Handles the Child Support Collection?
Usually, the child support enforcement unit that issued the original order manages collection. They might:
- File a lien with the court
- Notify your attorney
- Work directly with the insurance company to collect funds
This process can sound intimidating. But it’s manageable. We’ve worked with these agencies many times. Our goal is to resolve the lien fairly while protecting your financial recovery.
What If I’m Already Making Payments?
If you’re current on child support, the lien might not apply. Liens usually target past-due support—also known as arrears.
Still, even if you’re paying regularly, a portion of your settlement might go toward older amounts. But again, it’s only a portion—not the entire thing.
We’ll help you understand how much could be taken and why. You can rest easy knowing we’ll work tirelessly to help you keep your settlement in your pocket.
Example: What This Could Look Like
Let’s say your car accident settlement totals $60,000. You owe $10,000 in back child support. Here’s one possible outcome:
- Legal fees and costs come off the top
- A portion is used for medical bills
- Some money is marked for pain and suffering
- From what remains, child support may take $5,000–$7,000
- You keep the rest
You’re still left with money to help pay for lost income or personal needs. Meanwhile, your child support balance drops—without setting up a payment plan.
Can We Negotiate the Amount Taken?
Yes. While the lien itself is legal, we can often:
- Check that the balance is accurate
- Request a reduced payment
- Discuss payment plans if needed
It depends on your case, the agency involved, and how your settlement breaks down. But we always look for ways to reduce financial stress.
Should I Be Honest With My Lawyer About Child Support?
Absolutely. We can’t protect your interests unless we know what’s going on.
Tell your Denver car accident attorney about any child support debt. We won’t judge. Instead, we’ll come up with a plan that works for your unique situation.
We’ve helped many clients who were in the same position—and we’ll help you, too.
Will This Delay My Settlement?
Not by much. If there’s a lien, we’ll reach out to the child support agency to work it out. That step may take a little time, but we move quickly.
You’ll stay updated, and we’ll work to avoid unnecessary delays.
What Happens If You Ignore the Lien?
Ignoring a child support lien can lead to bigger problems. Here’s what might happen:
- The court could reopen your case
- Wage garnishment might kick in
- Unpaid support could rack up interest
- Your license or passport may get suspended if enforcement action is taken by the Colorado Division of Child Support Services
Being upfront helps us help you. We can deal with the lien properly and possibly reduce what’s owed.
Can Child Support Take Your Entire Settlement If It’s Small?
No. Even smaller settlements don’t get taken entirely. The child support agency still uses a fair percentage.
You may owe $3,000 in support, but only part of your $10,000 settlement would be used for that. The rest goes to you for your recovery. It’s designed to be fair—not to leave you with nothing.
Many clients with small settlements still walk away with life-changing compensation.
Will Child Support Affect a Future Settlement Too?
Yes, future settlements can be affected if back support is still unpaid. But amounts paid from this case will reduce your total owed.
Next time, you might owe less—or nothing at all. We’ll help make sure everything gets tracked properly.
Why Expert Guidance From a Denver Car Accident Attorney Matters
Handling a personal injury claim while owing back child support doesn’t need to be hard. With the help of a skilled Denver car accident attorney, the process becomes more manageable—and results in a positive outcome.
Our team understands the Colorado laws that apply to personal injury claims and child support liens. We work hard to protect your medical compensation, reduce the amount taken by child support, and help you walk away with money in your pocket.
Having a Denver car accident attorney on your side ensures that no detail is overlooked. We review every document, every lien, and every opportunity to increase your recovery.
We also deal directly with the child support agency, so you don’t have to. And if there’s room to challenge the amount owed or negotiate a better distribution, we take that opportunity.
Choosing to work with a Denver car accident attorney is one of the best ways to reduce stress and protect your future.
You Deserve to Be Compensated—Even If You Owe Child Support
At Denver Personal Injury Lawyers®, we believe everyone deserves a chance to recover. Your past shouldn’t prevent you from getting the help and compensation you need after a crash.
We’ll make sure your medical bills, lost wages, and pain are taken seriously. We’ll also deal with any child support complications head-on—so you don’t have to.
You’ve already been through enough. Let us fight for the best outcome possible.
Contact Denver Personal Injury Lawyers® for a Free Consultation
If you were injured in a car accident, don’t let owed child support stop you. Talk to us—we’ll help you recover what you’re entitled to while still addressing any support obligations the right way. We’ve helped many clients navigate this exact issue.
We’ll explain your rights, review any liens, and work to protect your recovery. We work on contingency, so you pay nothing upfront—and no legal fees unless we win.
Reach out today for a free consultation. Let’s talk about your case and how we can help you move forward with confidence.
