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

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  #11 (permalink)  
Old 02-18-2016, 10:05 AM
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Well this brings it into a whole new light.

If the poster is the one who got the insurance settlement and doesnt want to pay then there could be a few issues.

First: if the children were provided a financial amount for medical care and your ex is paying for medical care that the settlement is supposed to cover then YES they are entitled to the medical care amounts being paid out of pocket.

Second: if you have arrears owing to your ex for CS and you havent been paying anything then YES your ex is entitled to your settlement money to pay the arrears you owe.

Nice try though.
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  #12 (permalink)  
Old 02-18-2016, 10:09 AM
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I still don't think the ex (whom ever it may be) is entitled to the settlement. Arrears or not, there are channels to go through to collect cs. Now if there are arrears owing then the right thing to do would be to pay the arrears but the one the settlement is awarded to is the one who is entitled to it. Because both parents are guardians and there is nothing outlining the settlement has to go to the other parent, the one it is awarded to is the one who keeps it. But either way, this poster isn't telling the truth

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  #13 (permalink)  
Old 02-18-2016, 10:31 AM
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A friend went through this. Her ex won an insurance settlement for a motorcycle accident and he owed 20 grand in cs arrears. He had to pay the arrears he owed. As an "eff you" he went and bought a car and told his kid to get bent on post secondary costs.

But if the ex is paying medical expenses related to the accident and the settlement is for medical expenses coverage then that money should be going to pay those expenses. Using it for something else is fraud.
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  #14 (permalink)  
Old 02-18-2016, 03:33 PM
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It doesn't appear that the OP made any efforts to enforce the CS and would only be entitled to arrears from when they had begun to try to enforce it. OP would need to have taken some kind of steps to pursue the CS and continued to pursue it in order to be granted arrears.

Whether he pays it from his settlement, bank account, borrows or pulls it out from under his mattress makes no difference. He can pay the arrears from anywhere. But if OP has done nothing until now when this settlement money appears, OP will likely have a short window they can claim arrears for.
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  #15 (permalink)  
Old 12-14-2016, 12:48 PM
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Hey canadienfan

Has this issue been brought to court? If so, what was the result?
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cash settlement, child support, insurance


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