Accident Attorney and Child Support Arrears

In a Maryland accident case, The Maryland Court of Appeal determined

that funds received as a part of a settlement in personal injury case are exempt from being executed for a judgment of child support arrearages.

The case is illustrated when the primary custodial parent of two minor children sought to garnish funds received from his ex-wife in a personal injury lawsuit after she failed to pay her child support.
The Circuit Court found, and the Court of Special Appeals affirmed that the funds were exempt from execution on judgment in accordance with Courts and Judicial Proceedings § 11-504(b)(2), which states the following:

(b) The following items are exempt from execution on a judgment:

(2) Money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings.

This exemption includes but is not limited to money payable on account of judgments, arbitrations, compromises, insurance, benefits, compensation, and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred.

 If you have questions regarding enforcement or recovery of child support arrears please feel free to call my. we will we will discuss your case over the phone at no cost. 1-888-760-7339