Cash Settlement Award - part of Chlld Support?

[VirginiaMom]

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

A few months ago, my ex received a cash settlement in a court case against a government agency, apparently in the mid five figures (he hasn't mentioned it to me and I have no proof of the amount other than hearsay - the court documents online do confirm a settlement, however). So my question is whether that type of award is supposed to be factored into income when determining child support? We currently have an order based on his income in the mid $50's, so this would almost double his income for the year.

The Code of Virginia defines gross income for child support as: "...all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or award. 'Gross income' shall not include benefits from public assistance (TANF), Federal Supplemental Security income benefits, or child support."

Since the next to last sentence mentions "award," I am wondering if this is an income source that Virginia expects him to factor in.

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

 

[stealth2]

As far as I know, this is NOT considered income. You have no claim on it.

 

[VirginiaMom]

Ok, thanks. This would be a claim for our child though, not for me. It looked to me like Virginia Code was indicating all income from parents should be factored in.

 

[CourtClerk]

Ok, thanks. This would be a claim for our child though, not for me. It looked to me like Virginia Code was indicating all income from parents should be factored in.

WRONG.... child support is for the PARENT who is raising the child. Children have no claim to child support. As stated, YOU have no claim to it.

 

[VirginiaMom]

I stand corrected. As I understand it then, *I* have no claim on a settlement award granted to him; it is not considered income to be factored into child support. Thank you for answering my question, I do very much appreciate you guys and gals.

 

[stealth2]

Long and short of it? It is HIS money, to do with as he sees fit. If he chooses to give some to the kids? He can. If he chooses not to? Same thing.

 

[ecmst12]

If he'd had arrears, you might have had a claim on it for that, but if he's always been current on his payments, then the settlement doesn't factor into his income.

 

[nextwife]

Such a settlement is normally a form of reimbursement for a loss/and/or pain and suffering.

 

[mistoffolees]

Since the next to last sentence mentions "award," I am wondering if this is an income source that Virginia expects him to factor in.

Probably not, but you could start by explaining exactly what the cash settlement was for and the timing (specifically including the date you were divorced and the time of the event that triggered the award).

There is an outside chance that the award would be considered marital property if the triggering event occurred while you were still married, but it really depends on the circumstances - and isn't very likely.

 

[VirginiaMom]

Definitely not marital property and no arrears - all I have to deal with is a disinclination to disclose raises and such. Could be worse!

Thank goodness you guys are here to bounce things off of ... great information, very much appreciated.

 

[mistoffolees]

Definitely not marital property and no arrears - all I have to deal with is a disinclination to disclose raises and such. Could be worse!

Thank goodness you guys are here to bounce things off of ... great information, very much appreciated.

See my post above. While it is PROBABLY separate property, there are some conditions where it could be marital. What was the award for, and what were the dates (date of incident triggering the award and date of filing for divorce)?

 

[nextwife]

See my post above. While it is PROBABLY separate property, there are some conditions where it could be marital. What was the award for, and what were the dates (date of incident triggering the award and date of filing for divorce)?

Where did she state they'd been married?

 

[mistoffolees]

Where did she state they'd been married?

Good point. I saw 'ex' and 'court papers for child support' and jumped to a conclusion.

If they were never married, then there's no chance that she is entitled to any of it - unless her name is on the award.

 

[VirginiaMom]

I'm sorry for not stating clearly. He is my ex-husband. Thanks to all of you for your information and help.