settlement while still married

[rick5707]

wife abandoned family in oct, just after we filed bancrupcy.She walked out to party(drugs )and move in with co-worker.dec,got injured at work going to get big settlement.feb, I filed for divorced did it myself and was final in march.She was not at court could not found her did it by publication.Got custody of children and living in home.Being married at time of her injury Im i intitled to anything. Also now that I did the divorce how do I get her back in court to get to pay half of bills.

 

[Zigner]

wife abandoned family in oct, just after we filed bancrupcy.She walked out to party(drugs )and move in with co-worker.dec,got injured at work going to get big settlement.feb, I filed for divorced did it myself and was final in march.She was not at court could not found her did it by publication.Got custody of children and living in home.Being married at time of her injury Im i intitled to anything. Also now that I did the divorce how do I get her back in court to get to pay half of bills.

FIRST:
US Law Only - When Posting A Question You Must Include The Name Of Your State.

SECOND:
You should have handled this through the divorce.

 

[LdiJ]

wife abandoned family in oct, just after we filed bancrupcy.She walked out to party(drugs )and move in with co-worker.dec,got injured at work going to get big settlement.feb, I filed for divorced did it myself and was final in march.She was not at court could not found her did it by publication.Got custody of children and living in home.Being married at time of her injury Im i intitled to anything. Also now that I did the divorce how do I get her back in court to get to pay half of bills.

If you are in the US, and you didn't say because you erased the required sentence regarding what state you are in, then no, you are not entitled to any of her settlement. That settlement is intended to cover any ongoing medical problems.

As far as the bills are concerned, that needed to be handled in the divorce. If you didn't handle it there, then you are stuck.

You can however, file for child support, but don't count on getting it. If someone is determined not to pay it can be very difficult to collect from them. Downsize if you cannot handle the bills yourself, and consider any child support you receive to be a bonus.

 

[MFinancier]

wife abandoned family in oct, just after we filed bancrupcy.She walked out to party(drugs )and move in with co-worker.dec,got injured at work going to get big settlement.feb, I filed for divorced did it myself and was final in march.She was not at court could not found her did it by publication.Got custody of children and living in home.Being married at time of her injury Im i intitled to anything. Also now that I did the divorce how do I get her back in court to get to pay half of bills.

What kind of settlement? How big? If it's workmans compensation...you can go back to court and try to get a piece of it for child support. If she doesn't pay you...it can be garnished. This time...I suggest you use an attorney.

 

[LdiJ]

What kind of settlement? How big? If it's workmans compensation...you can go back to court and try to get a piece of it for child support. If she doesn't pay you...it can be garnished. This time...I suggest you use an attorney.

If child support wasn't ordered in the divorce, then NO, he cannot do that. He can only ask for ongoing support, and depending on the circumstances of the workman's comp settlement, that might not even be taken into consideration in ongoing support. In fact, its unlikely to be considered in ongoing support.

 

[MFinancier]

If child support wasn't ordered in the divorce, then NO, he cannot do that. He can only ask for ongoing support, and depending on the circumstances of the workman's comp settlement, that might not even be taken into consideration in ongoing support. In fact, its unlikely to be considered in ongoing support.

Well it's my understanding that neither party can waive the other parents responsibility for providing child support, and both parents are responsible until the child is emancipated...so I'm suggesting he go back and get it ordered, and yes workmans compensation is a common source for CS and can be garnished if need be.

 

[Darthpaul]

If someone is determined not to pay it can be very difficult to collect from them. .

Just curious, but, why?

 

[LdiJ]

Well it's my understanding that neither party can waive the other parents responsibility for providing child support, and both parents are responsible until the child is emancipated...so I'm suggesting he go back and get it ordered, and yes workmans compensation is a common source for CS and can be garnished if need be.

She has no arrearage at this point, because no child support was ordered, therefore there is nothing to be garnished.

She is getting a settlement, a lump sum payout to cover future medical expenses. That would only be garnishable if she had arrearages.

He can certainly file for child support, but if he didn't ask for it in the divorce, he is not going to get back support.

 

[LdiJ]

Just curious, but, why?

Don't you know anyone who is ducking child support? People without a steady income or without any assets, or who work under the table, are difficult to collect child support from. They have nothing to seize if they refuse to pay the ordered amounts. Sure, they mess up their own life by not amassing SS credits, by destroying their credit rating, and by never being able to own anything decent, but many of them don't care.

 

[Ohiogal]

She has no arrearage at this point, because no child support was ordered, therefore there is nothing to be garnished.

She is getting a settlement, a lump sum payout to cover future medical expenses. That would only be garnishable if she had arrearages.

He can certainly file for child support, but if he didn't ask for it in the divorce, he is not going to get back support.

Actually the bolded may be very incorrect. No one here KNOWS what the settlement will cover -- it could be loss of hedonism, future earnings, loss of earnings, future medical, or a variety of other things.

 

[LdiJ]

Actually the bolded may be very incorrect. No one here KNOWS what the settlement will cover -- it could be loss of hedonism, future earnings, loss of earnings, future medical, or a variety of other things.

True, but its again for the future, not the past.

 

[Ohiogal]

True, but its again for the future, not the past.

Agree with that part.