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Personal Injury Settlement - Family Law

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  • Personal Injury Settlement - Family Law

    I was in an auto accident in 2008, catastrophically injured and unable to return to any work, separated in 2012. There was no 3rd party involved, so no tort claim, pain & suffering claim, city claim, etc… I have been receiving all my income loss benefits since the date of accident and have been paying support since separating based on them.

    I am anticipating a personal injury settlement, although there have been no talks of one yet, which would pay me out all future income loss and future personal care/therapies. This would either be lump sum or structured settlement; however I could still opt not to do anything and just continue my regular monthly payments forevermore.

    My ex claims she was told she is entitled to parts of a settlement I may receive, but she doesn’t know which. Therefore she asked for my complete file from my personal injury lawyer. The judge denied this request as a fishing expedition, and told her to get a lawyer and for our lawyer to talk.

    Her lawyer approached mine asking again for the complete file, which was denied with details about how any settlement would be strictly for future income loss and personal care due to my inability to return to work – excluded from Family Net Property.

    Her lawyer has now responded with:

    The disclosure request is pertaining to how you are planning on characterizing the money received under settlement. This is imperative due to the wording of section 4(2)(3) of the Family Law Act pursuant to jurisprudence interpreting sections 16 and 19 of the Child Support Guidelines the amount of an individual's "income" turns on the characterization of the payments they are receiving from an accident.

    I’ve been clear that all past benefits during marriage have already been benefited by my ex. Any settlement would only be for my future needs where there is no entitlement. The judge made it clear that any settlement would have to be invested and interest/profits would count as my income for support.

    I’m trying to avoid yet another motion… how should I respond?

  • #2
    Do not give the info.

    A judge has already decided, right?

    What else do you need?

    Comment


    • #3
      I have an endorsement for no settlement until both parties agree or court order.

      Judge then said no to her "fishing expedition" for my complete file, and that both lawyer should discuss it... so far they are just asking for complete file.

      If lawyers are not able to come to an agreement, then ex is allowed to bring a motion for further disclosure.

      I'm not sure what exactly they mean by:
      how you are planning on characterizing the money....

      This is imperative due to the wording of section 4(2)(3) (personal injury settlements) of the Family Law Act pursuant to jurisprudence interpreting sections 16 (calculation of income) and 19 (imputing income) of the Child Support Guidelines the amount of an individual's "income" turns on the characterization of the payments they are receiving from an accident.

      I believe it's clear that she is not entitled to the actual settlement. It seems they are worried about how my income and support will be handled after settlement... when I no longer receive benefits.
      Last edited by GoDiegoGo; 07-09-2013, 07:51 PM.

      Comment

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