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  • 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!

  • #2
    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....?

    Comment


    • #3
      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.
      Start a discussion, not a fire. Post with kindness.

      Comment


      • #4
        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!

        Comment


        • #5
          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

          Sent from my SM-T560NU using Tapatalk

          Comment


          • #6
            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.

            Comment


            • #7
              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/

              Comment


              • #8
                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, 01:03 AM.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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.
                    Start a discussion, not a fire. Post with kindness.

                    Comment


                    • #11
                      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.

                      Comment


                      • #12
                        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

                        Sent from my SM-T560NU using Tapatalk

                        Comment


                        • #13
                          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.

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              Hey canadienfan

                              Has this issue been brought to court? If so, what was the result?

                              Comment

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