does settlement count as income?

[chris549]

What is the name of your state? OK
My husband has a child from a previous relationship. I am starting a lawsuit for malpractice. My atty decided it would be easier to put my husband on the lawsuit with me instead of doing 2 seperate lawsuits. My question is because my husbands name is going on the lawsuit will his sons mother be able to count a settlement as income?
I have posted here before not sure how to pull it up though. If more info needed let me know
Thanks

 

[Ohiogal]

What is your husband suing for? You said it is a malpractice suit but who was malpractice committed against and what is your husband's claim?

 

[chris549]

Malpractice was commited against me. I had a botched surgery that resulted in a liver transplant. During the year that I was down, he missed alot of work taking care of me. So his part of the case will be missed work and I am guessing marital strain??
I am primarily the one suing though. It would be horrible to think that it would count as income.

 

[Ohiogal]

Malpractice was commited against me. I had a botched surgery that resulted in a liver transplant. During the year that I was down, he missed alot of work taking care of me. So his part of the case will be missed work and I am guessing marital strain??
I am primarily the one suing though. It would be horrible to think that it would count as income.

marital strain is NOT a cause of action. Try again. The reason I am asking is because it may be considered income for him. His portion of it would probably be considered income for child support purposes.

 

[chris549]

To be honest with you I cant remember how my atty put it BUT it was along those lines. so apparently it IS cause of action. Anyways he is on the lawsuit but our lawsuit is combined so I just need to know if it will be considered income.

 

[Ohiogal]

To be honest with you I cant remember how my atty put it BUT it was along those lines. so apparently it IS cause of action. Anyways he is on the lawsuit but our lawsuit is combined so I just need to know if it will be considered income.

No MARITAL STRAIN is not a cause of action. Loss of consortium is a cause of action. There are various other causes of action. But not marital strain. Anything your hubby is awarded would be considered income most probably. And the award would be broken down to state that you got x amount and hubby got y amount. Y amount would be income for him for child support purposes.

 

[LdiJ]

No MARITAL STRAIN is not a cause of action. Loss of consortium is a cause of action. There are various other causes of action. But not marital strain. Anything your hubby is awarded would be considered income most probably. And the award would be broken down to state that you got x amount and hubby got y amount. Y amount would be income for him for child support purposes.

I disagree....one time economic events rarely result in child support increases, even if the income is technically taxable. If its paid out as an annuity over many years, then that would be a different story....or if its millions... However a judge couldn't justify a CS increase based on the fact that the parent happened to come into a one time chunk of change.

Its not realistic. Sure maybe for one year a parent's tax return might show 100k higher than normal, but it would be for one year only....and it would be the PAST year.

I have been directly involved in cases like that and I have never seen a judge actually make that kind of order. That doesn't mean that it hasn't happened, but I can't see it being the norm, by any means.

 

[Ohiogal]

I disagree....one time economic events rarely result in child support increases, even if the income is technically taxable. If its paid out as an annuity over many years, then that would be a different story....or if its millions... However a judge couldn't justify a CS increase based on the fact that the parent happened to come into a one time chunk of change.

Its not realistic. Sure maybe for one year a parent's tax return might show 100k higher than normal, but it would be for one year only....and it would be the PAST year.

I have been directly involved in cases like that and I have never seen a judge actually make that kind of order. That doesn't mean that it hasn't happened, but I can't see it being the norm, by any means.

I have and it most definitely can be used for a one time lump sum payment to support the child. Many states in fact require the Obligor to report winnings or lump sum payments OVER a certain amount directly to CSEA so that the child would get their cut. After all if they lived with mommy or daddy and mommy or daddy got a settlement they would benefit. It may not be something that Automatically happens but it happens quite a bit and it can most definitely be used for child support.

 

[GrowUp!]

I disagree....one time economic events rarely result in child support increases, even if the income is technically taxable. If its paid out as an annuity over many years, then that would be a different story....or if its millions... However a judge couldn't justify a CS increase based on the fact that the parent happened to come into a one time chunk of change.

Its not realistic. Sure maybe for one year a parent's tax return might show 100k higher than normal, but it would be for one year only....and it would be the PAST year.

I have been directly involved in cases like that and I have never seen a judge actually make that kind of order. That doesn't mean that it hasn't happened, but I can't see it being the norm, by any means.

You just love arguing with ACTUAL attorneys on here, don't ya?? Oh yeah, that's right, from 'what you've seen...'

 

[LdiJ]

You just love arguing with ACTUAL attorneys on here, don't ya?? Oh yeah, that's right, from 'what you've seen...'

Actual attorneys are human beings just like everyone else. They are not infallible, particularly on issues in states other than the state where they practice. Therefore, if I disagree with something that an attorney posts, I am going to say so.