Can child support be taken out of wrongful death claim

[lucky777]

What is the name of your state (only U.S. law)? PA

I live in Pennsylvania but the wrongful death claim is in Florida.

My Ex lives in Florida and I pay child support in Pennsylvania.

Can the money I receive from a Florida wrongful death claim to paid to my ex for child support. I currently pay child support and she wants money from the wrongful death to be considered for child support. Is it possible?

thank you

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

I live in Pennsylvania but the wrongful death claim is in Florida.

My Ex lives in Florida and I pay child support in Pennsylvania.

Can the money I receive from a Florida wrongful death claim to paid to my ex for child support. I currently pay child support and she wants money from the wrongful death to be considered for child support. Is it possible?

thank you

If you have arrearages, yes, any lump sum payout, from any source, could be attached for the arrearages.

If you don't have arrearages, and your ex is just wanting a share of your payout, then no, that is very unlikely unless your court orders allowed for something like that. It would be very odd if they did.

 

[lucky777]

If you have arrearages, yes, any lump sum payout, from any source, could be attached for the arrearages.

If you don't have arrearages, and your ex is just wanting a share of your payout, then no, that is very unlikely unless your court orders allowed for something like that. It would be very odd if they did.

PA court has already ordered that any money received be held in escrow until it is decided if its able to be given towards child support. PA court is not sure of FL laws and if the money can be used towards child support

 

[nextwife]

Is there an arrearage, or is this regarding ongoing support?

Has the money been paid out then, or might it be paid out as a structured settlement over many years? Also, is the decedent the spouse of the payor, and, if so, is part of the money intended to help support children of the decedent? In other words, is some of the money being paid to you as a substitute for money the decedent can no longer contribute toward the support of any children they had with you?

 

[lucky777]

arrears are only about $125. which they take out a little extra each month to catch up on.

me and ex are co-representatives on the claim in the death of our son. Our son had no children.

the ex has received a settlement amount that is sitting in an escrow account. i am supposed to be receiving the exact same amount but havent received it yet. it will be a lump sump. she is wanting what i receive to be taken into account for calculating child support of the three children that i currently pay for that are living with her in FL.

hope that makes sense!

Is there an arrearage, or is this regarding ongoing support?

Has the money been paid out then, or might it be paid out as a structured settlement over many years? Also, is the decedent the spouse of the payor, and, if so, is part of the money intended to help support children of the decedent? In other words, is some of the money being paid to you as a substitute for money the decedent can no longer contribute toward the support of any children they had with you?

 

[nextwife]

My condolences on the death of your son..

"Florida child support guidelines are based on the Income Shares Model for calculating child support."

Meaning it should get added to BOTH of your incomes the same, for CS calculation, if it's the same amount, not JUST your column!.

 

[Gracie3787]

PA court has already ordered that any money received be held in escrow until it is decided if its able to be given towards child support. PA court is not sure of FL laws and if the money can be used towards child support

It can be, if the court orders it. The CS guidelines do not list a settlement as income, but it can be ordered by the court.


61.30
(2) Income shall be determined on a monthly basis for each parent as follows:

(a) Gross income shall include, but is not limited to, the following:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers' compensation benefits and settlements.

6. Unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

14. Gains derived from dealings in property, unless the gain is nonrecurring