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thaynes
recently joined

Reged: 02/03/05
Posts: 1

making x pay support out of his lawsuit settlement

#8724 - 02/03/05 06:15 PM

My ex recently won a settlement from his employer claiming he got hurt at work. He won 47,500. He had paid no child support. His attorney claims that he doesn't have to pay no more than what is past due. His past due only makes about 10 percent of the 47,500, I have been told that my children (2) are due the 32 percent or a higher percentage. (keeping in mind I am still not getting any child support). Does anyone know laws regarding when the ex spouse wins a settlement and what my children are entitled to of it? Thanks for any response.

thaynes

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Melody
Carpal \'Tunnel

Reged: 06/02/04
Posts: 10102
Loc: California

Why would they be entitled to any of it?

[Re: thaynes]
#8730 - 02/03/05 06:52 PM

Other than any back support he owes. I don't know that a legal settlement is considered income...as it is a one-time event...not recurring. I think you can probably file some sort of lien against the award for the back support, but I don't see how you can get your hands on any more of it...unless your state considers it income and would award a portion.

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aussie928
old hand

Reged: 10/29/04
Posts: 969
Loc: Dallas

Re: making x pay support out of his lawsuit settlement

[Re: thaynes]
#8737 - 02/03/05 07:28 PM

G'day luv...he didnt hit the lottery...he is being compensated for pain and suffering for an injury. The only way your wee ones would be entitled to any of this would be if they for back wages owed. I agree with Melody...you could prolly attach the earnings up to the amount he owes in back child support but no more. I would stronly suggest you contact your attorney.

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almostheaven
Carpal \'Tunnel

Reged: 07/13/04
Posts: 10468
Loc: West Virginia

Restitution awards aren't generally considered....

[Re: thaynes]
#8753 - 02/03/05 11:26 PM

as income for the purposes of CS. They can be seized to pay the back CS however. So if the back CS is 10%, then 10% is all you would likely get from it. They consider those types of awards as paying the individual "back" for something; therefore, it can't be income. Because it's something they had apparently paid out or lost or suffered for being returned to them.

--------------------
Char Fox

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