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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 02-17-2016, 07:19 PM
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Default Insurance settlement

My ex was involved in a car accident with my children. This was 3 years ago. He has recently been awarded a cash settlement as a result of suing the driver who hit his car. He tells me that the cash settlement was his only and our children only got awarded the right to medical insurance for the rest of their life as a result of potential injuries.
My ex does not pay me child support as he refuses to work even though we have an agreement in place. It's an offset amount he is supposed to owe me but without a proper income, he hasn't paid me in years.
Do I have any right to access whatever cash settlement he received since my children were involved? We have shared custody.
Does this settlement he received count as income?
Thanks!
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Old 02-17-2016, 08:53 PM
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No, it's not income.

It has nothing to do with child support. If he's never paid you, you needed to go through the proper routes to obtain support.

Why would YOU be entitled to any of it, you had nothing to do with it and bore no financial burden or impact from the accident, as your ex likely did, especially if he was injured and it cost him lost wages etc.

The children are covered by the medical insurance, but they as well suffered no financial loss,unless they somehow lost wages etc as a result.

Do you have any other reason for believing you would have access to his settlement from an accident that had zero impact on you....?
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Old 02-17-2016, 09:11 PM
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Quote:
Originally Posted by blinkandimgone View Post
Why would YOU be entitled to any of it, you had nothing to do with it and bore no financial burden or impact from the accident, as your ex likely did, especially if he was injured and it cost him lost wages etc.
I believe that if a portion of the settlement funds have been allocated towards lost income, that portion may be considered income for the purposes of child and/or spousal support. You'll need to request full disclosure of the settlement figures and agreement to ascertain.
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Old 02-17-2016, 09:33 PM
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Quote:
Originally Posted by blinkandimgone View Post
No, it's not income.

It has nothing to do with child support. If he's never paid you, you needed to go through the proper routes to obtain support.

Why would YOU be entitled to any of it, you had nothing to do with it and bore no financial burden or impact from the accident, as your ex likely did, especially if he was injured and it cost him lost wages etc.

The children are covered by the medical insurance, but they as well suffered no financial loss,unless they somehow lost wages etc as a result.

Do you have any other reason for believing you would have access to his settlement from an accident that had zero impact on you....?
Wow - I can see you didn't read my post. He didn't lose any wages as he didn't work. He did ask for cash settlement for my children.
Thanks for your unhelpful comment!
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Old 02-17-2016, 10:06 PM
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If it's not considered income for tax purposes thus not showing up on his line 150, you are probably not entitled. He sued, not you. If he is to pay offset (although not sure how that works if he isn't working) you must have shared access, even if you dont, he has access with the children so the children will benefit from the money

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Old 02-17-2016, 10:26 PM
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Because he has money & works under the table thus not reporting on income tax, he stated if my income was higher, he would not ask for an offset amount from me.
He did specify he was asking for a cash settlement for each child as result of accident. He will not provide me with details of the settlement involving my children. I have the children more than 50% of the time.
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Old 02-18-2016, 12:47 AM
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Quote:
Originally Posted by canadienfan View Post
Wow - I can see you didn't read my post. He didn't lose any wages as he didn't work. He did ask for cash settlement for my children.
Thanks for your unhelpful comment!
Wow.

I did read your post. You said he doesn't work, you didn't say he wasn't working at the time or that he has never worked.

If he asked for and was awarded a cash settlement for the kids then you are still not entitled to any of it, again...you were unaffected, you were not there or involved, nor are you one of the children.

None of this is in any way related to child support.

Oh...and congratulations on the successful sex change...

http://www.ottawadivorce.com/forum/f...al-items-6096/
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Old 02-18-2016, 12:57 AM
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Quote:
Originally Posted by mcdreamy View Post
I believe that if a portion of the settlement funds have been allocated towards lost income, that portion may be considered income for the purposes of child and/or spousal support. You'll need to request full disclosure of the settlement figures and agreement to ascertain.
That's a very good point. Moot, however, given he (or is it she...?) had apparently never worked, which in itself is interesting how an amount was determined for CS somehow if he/she had no income.

Last edited by blinkandimgone; 02-18-2016 at 01:03 AM.
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Old 02-18-2016, 08:41 AM
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Quote:
Originally Posted by blinkandimgone View Post
Wow.

I did read your post. You said he doesn't work, you didn't say he wasn't working at the time or that he has never worked.

If he asked for and was awarded a cash settlement for the kids then you are still not entitled to any of it, again...you were unaffected, you were not there or involved, nor are you one of the children.

None of this is in any way related to child support.

Oh...and congratulations on the successful sex change...

http://www.ottawadivorce.com/forum/f...al-items-6096/
once somebody is caught flat out lying in this forum I never believe anything more that they write.
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Old 02-18-2016, 08:59 AM
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Quote:
Originally Posted by standing on the sidelines View Post
once somebody is caught flat out lying in this forum I never believe anything more that they write.
or Habs fans.
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