Ex wife is receiving a settlement from a medical malpractice lawsuit. Can we take her back to court and have this money included in the child support calcuation as part of her income?
Ex-wife who is on social security claims that she is unable to work is receiving a medical malpractice settlement. When child support was calculated, they used her social security as her income. When she receives the settlement...will social security be stopped and if so, will they use the settlement as a source of income?
C J
No, it can not be counted since it is not regular earned income. Likewise, any OT and shift differentials that are worked are not counted either since they are not consistent and may not always be a part of the permanent income.
Vanessa
yes sir!! Get that gold digger for what she is...a Fraud a cheat...I hate child support
tom4texas
No, it is a one time settlement and not a monthly amount which could be included as income.
cabjr1961
You can certainly give it a try, and it also depends if she is getting money over and above her medical expenses
Raul V
It depends on the state you live in. Consult with your lawyer for the best response. Don't take the word of idiots like me on this site!
Good luck!
gary t
No, the support is calculated from ordinary income. She is free and clear on this one.
OU812
No. Don't be a bum. Take care of your children and quit sniveling.
kast_n_magic
No, this isn't income.... Not in that respect.... It would have to be earned income from a job...
Now, if she is in child support arrears than YES, you can collect arrears from her settlement for sure.
Orignal From: If an ex-wife receives a settlement from a med mal case, does that money count as income for child support?
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