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Lawsuit award effect child support ?

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J

Jenner

Guest
What is the name of your state? California .Ive been divorced for two years and am now remarried .While I was married to first wife I was substantially underpaid at my job .I will be recieveing a settlement in excess of 250.000 in the near future .I have a daughter from my first marraige which I share joint legal and physical custody of .I pay child support in a timely manner and always use my visitatation and holiday time as per our court order .My ex wife states she will be entitled to some of the settlement for child support even though we both have sighned a agreement in court stateing that neither is entitled to go after any future money awards that may come about from inheritence or court awards etc.She is the one that instigated this because she was in the middle of a suit with a doctor due to her sons severe birth trauma nd she wanted to make sure I didnt go after the settlement.Her son was from a previous relationship .What I want to do is find a way to protect my new family and give some of the award to my daughter and be sure it does go to her needs .I have a new baby and want to set up a fund for her as well .My exs whole family is encourageing her to go after the money and they have the means to .I did not want her to even know about this but un fortunately it ended up in the newspaper .Naturally she was waving it in my face when I picked up my two year old for visitation .
 
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I AM ALWAYS LIABLE

Senior Member
Jenner said:
While I was married to first wife I was substantially underpaid at my job .I will be recieveing a settlement in excess of 250.000 in the near future .
My response:

So that I am able to clearly understand you, because you "glossed" over the purpose of the 250K settlement, I need you to be VERY specific about all of the categories that you won; e.g., the Causes of Action, that comprised the total settlement of $250K. Was it for "personal injury", "lost wages", "future earning capacity", etc., or a combination of a few Cause of Action?

IAAL
 
J

Jenner

Guest
The settlement will be for lost wages , overtime ,punitive and hardship damages .My ex wife and I were married for less than a year .The employeer has agreed to settle instead of going to federal court .Hope that helps .
 
P

pthalo

Guest
IAAL

I would think that if that stipulation about legal awards is worded in a general fashion then it would apply here too.. You want to make sure on the actual wording as it may not cover this settlement due to its relationship to your income..

If it doesn't get dispersed into CS then I would set up two trusts, one for each child.. Your two year old may not be able to use it now, but think of how good a start it would be for a college education in the future. If you put it into a 1059 (number may be wrong its a college savings account) then you can get interest without taxation...
 
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I AM ALWAYS LIABLE

Senior Member
My response:

Jenner, all monies received in settlement having to do with income will be split between you and your wife. The reason is that, but for your employer's "problem", and for the lawsuit, you would have earned in the past what you received via settlement. The Claim was merely the "vehicle" that got back for you what you rightfully should have had prior to your claim. Therefore, that money is divisible.

As for the balance of your settlement, that money is yours, only.

Good luck.

IAAL
 
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CMSC

Senior Member
Okay, I just have one question. Why is plifter still a member?? I don't like plifter or pthalo their "advice" is some what to be desired at times and their rudeness and oversight for others problems and concerns tends to annoy me BUT if you are going to get rid of one get rid of the other.

Okay, fine, I suppose I have pissed off the great one so lets all say, "bye, bye, ryry's mom".
 

I AM ALWAYS LIABLE

Senior Member
ryry's mom said:
Okay, I just have one question. Why is plifter still a member?? I don't like plifter or pthalo their "advice" is some what to be desired at times and their rudeness and oversight for others problems and concerns tends to annoy me BUT if you are going to get rid of one get rid of the other.

Okay, fine, I suppose I have pissed off the great one so lets all say, "bye, bye, ryry's mom".
My response:

You're not going anywhere. We like you. I like you.

I already 86'ed plifter (and his other various and sundry name incarnations). You'll notice that he hasn't been writing today . . .

IAAL
 
P

pthalo

Guest
ryry and IAAL

ryry, first of all advice is advice.. You get what you get and you get what you paid for.. Advice isn't there for the liking, its there so you can get the insights of others.. If you don't like my posts then don't read them.. If you don't want advice then don't come to an advice forum..

IAAL, I am sorry for the cheepshot, but as there is no way to prove one's credentials over the internet, and I am the type of person who questions everything.. If you are a lawyer.. GOOD, if not then who cares... Take jokes as jokes and let it role off.. Also everyone here is a contributor, good or bad advice everyone chips in... Once again I apologize but with an understanding that I will continue to express my opinions..
 
J

Jenner

Guest
Thankyou for your replies .I dont think it is fair that my question has been turned into this .
 

I AM ALWAYS LIABLE

Senior Member
Re: ryry and IAAL

pthalo said:
ryry, first of all advice is advice.. You get what you get and you get what you paid for.. Advice isn't there for the liking, its there so you can get the insights of others.. If you don't like my posts then don't read them.. If you don't want advice then don't come to an advice forum..

IAAL, I am sorry for the cheepshot, but as there is no way to prove one's credentials over the internet, and I am the type of person who questions everything.. If you are a lawyer.. GOOD, if not then who cares... Take jokes as jokes and let it role off.. Also everyone here is a contributor, good or bad advice everyone chips in... Once again I apologize but with an understanding that I will continue to express my opinions..
My response:

I wasn't upset with what you wrote in your post - - good, bad, right or wrong, I wasn't taking exception to what you wrote in the "body" of your response. I only took umbrage with your ill-advised characterization of my professional credentials, as stated in your header.

I don't care one iota if you agree, or disagree with me, or take a different view than I would take on a particular issue in a thread. But, you have apparently taken a disliking for me, without provocation, and it shows in your "little digs." Say what you will about my advice, or my viewpoints, but DO NOT attack my credibility as an attorney. If you don't like me for whatever reason, that's okay with me - - then stay away from any threads that I may have written on. Or, merely write whatever response you like, and ignore making pointed remarks about me, personally.

By the way, prior to deletion, I did read your ever-increasingly hostile remarks on my "As-U-Type" thread of a few days ago. I never responded to you (albeit, I never responded to anyone on that thread). However, by my lack of response to you, you seemed to wish to "engage" me and my attention. It won't happen. But, "check" your unfounded hostility for me at the entrance to FreeAdvice.

I'm not here to "prove" my credentials to you, or anyone - - so, you can "question" all day long; it doesn't matter to me. But, with things you've said, like today, you want to get some sort of "rise" out of me. Well, you almost "rised" yourself out of here.

Your apology is graciously accepted with the understanding that such behavior will never happen again. I trust we understand each other.

IAAL
 
P

pthalo

Guest
IAAL

Not to raise tensions but here is my reasoning for questioning your credentials..

This in all intensive purposes is an anonymous forum where individuals go seeking advice.. Each poster is simply a name, with no credentials, no face and no tangible embodiment.. To claim credentials to me is a very serious thing.. The advice you give when you claim credentials is taken more seriously and also taken more to heart.. People are more likely to listen to a person they think is a lawyer than one they do not.. I do not know if you are a lawyer, but even without liability to the advice you give, there are still ethical and moral issues surrounding the advice that you give.. If you are a lawyer it is good to see, but if you are not then what you are doing is atrocious... Without knowing your credentials each individual on this forum has every right to question you.. If that questioning seems harsh and un-called for then I suggest that you provide your credentials and shut everyone up.. By deleting individuals off hte forum simply b/c they question your credentials only feeds the beast and in some ways suggests that the questioning is getting to you...

I think a good point here is the news special I saw where a man has gone to prison several times for claiming to be a doctor.. I know it is so much different than this scenario, but I think it is important to see this man's ethics or more correctly his lack thereof..

I don't care if you are a lawyer, but if you want to claim it on an anonymous forum then you should provide proof or be prepared to be questioned, doubted, or even ignored.. All of this is just my opinion and I will stand by it..
 

ellencee

Senior Member
pthalo, pthalo, pthalo..tsk, tsk, tsk...
Why won't you listen to me? I keep telling you that you are your own worst enemy! Listen to what you are saying!!!
You say we can't trust what he writes, or what any of us write about ourselves, and you want him to post his credentials to prove he's an attorney? How does that make any sense what-so-ever?
Maybe he is an attorney, maybe he isn't. I think he is; if he isn't, he's the best imposter on this site. (no offense to loku, HomeGuru, dorenephilpot--IAAL posts the most, too--I think..)
He's posted his credentials under his profile--you disprove them.
(how did you come out in court today? you didn't commit verbal suicide, did you?)

oops--things look different in the daylight! I didn't mean to say I thought HomeGuru, dorenephilpot, and loku are imposters--I meant to say, I think they are attorneys!
 
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CMSC

Senior Member
Jennifer sorry about your post.:( I really hope you got some good answers.

pthalo, you stated to me, ".. You get what you get and you get what you paid for.. Advice isn't there for the liking, its there so you can get the insights of others.. If you don't like my posts then don't read them.. If you don't want advice then don't come to an advice forum.." But when given advice you don't like or advice someone else was given and you don't like it you question one's credentials. Well I will ask you, what are your credentials??? You have been a parent for how long? Have you ever taken any legal courses? Other than the books you read what qualifies you to give out free advice? The same thing that qualifies anyone else on here, the advice is free. We all learn from our experiences BUT IAAL not only has experience in life he has experience in law.

I guess you don't have to prove any of this because it is an annonymous forum. It is almost a chat room of sorts where all kinds of people are on here some telling the truth most probably twisting the truth a bit at times, that is why I like this site! I have made some great "friends". I also think it takes a lot for a person to post their credentials on here with the risk that someone is going to attempt to disprove them.

I don't see you asking ellencee for credentials or HomeGuru and many others with experience in the specialty fields of this forum. You just don't like IAAL because he will tell you what you NEED to hear not what you WANT to hear. I am not a HUGE fan of his but I am starting to grow a little fond of his tactics. (not much, IAAL, I would want your big head to swell):p


Maybe it is the 18 hours straight I have spent at the hospital today that is making me cranky...oh well, it would not be the first time.


Would it make you feel better if I posted my credentials for you. I will give you my bosses number, my case worker, my judge, my family, friends and everyone elses numbers who know what I have been through that qualifies me.

P.S. if anyone's advice on here should be taken by you it is ellencee's trust me! Thanks ellencee, you have been a great foundation lately!:)
 

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