Unknowing father needing help!

[RFetke]

What is the name of your state (only U.S. law)? I live in West Virginia, But case is in Texas

I have been back and forth about this with tons of people and don't really have the money to hire another lawyer to figure this out so I hope that someone here can help me. I got divorced from my wife in texas and we had two kids. he lawyer I had during the divore screwed me big time so i had to fire him. her attorney I think took advantage of that and screwed me even harder. My question is: I have an annuity I receive from my mothers death in a car accident back in 1985, i was 3 months old. Is she allowed to have part of that annuity due to what its for and why i get it????

Just need a little legal advice!!!!
Thank you
R

 

[Proserpina]

What is the name of your state (only U.S. law)? I live in West Virginia, But case is in Texas

I have been back and forth about this with tons of people and don't really have the money to hire another lawyer to figure this out so I hope that someone here can help me. I got divorced from my wife in texas and we had two kids. he lawyer I had during the divore screwed me big time so i had to fire him. her attorney I think took advantage of that and screwed me even harder. My question is: I have an annuity I receive from my mothers death in a car accident back in 1985, i was 3 months old. Is she allowed to have part of that annuity due to what its for and why i get it????

Just need a little legal advice!!!!
Thank you
R

It may be used to calculate your income for the purposes of child support, yes. (Is that what you're asking?)

What do your current orders say?

 

[Isis1]

What is the name of your state (only U.S. law)? I live in West Virginia, But case is in Texas

I have been back and forth about this with tons of people and don't really have the money to hire another lawyer to figure this out so I hope that someone here can help me. I got divorced from my wife in texas and we had two kids. he lawyer I had during the divore screwed me big time so i had to fire him. her attorney I think took advantage of that and screwed me even harder. My question is: I have an annuity I receive from my mothers death in a car accident back in 1985, i was 3 months old. Is she allowed to have part of that annuity due to what its for and why i get it????

Just need a little legal advice!!!!
Thank you
R

have you recieved the money in it's entirety? has the divorce paperwork been finalized?

 

[goddessoflubboc]

YES.

Beyond a shadow of a doubt they can/will include it in your income calculations, and if necessary to collect regular, ongoing support from you the Office of the Attorney General (IV-D agency in TX) will file a QDRO (qualifying domestic relations order) and take the payments straihgt from the annuity.

If you pay regularly they wouldn't garnish the annuity but it will remain part of your income profile.

Your children would have benefitted from this money before the divorce, and the divorce should not impact their financial health.

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in West Virginia, But case is in Texas

I have been back and forth about this with tons of people and don't really have the money to hire another lawyer to figure this out so I hope that someone here can help me. I got divorced from my wife in texas and we had two kids. he lawyer I had during the divore screwed me big time so i had to fire him. her attorney I think took advantage of that and screwed me even harder. My question is: I have an annuity I receive from my mothers death in a car accident back in 1985, i was 3 months old. Is she allowed to have part of that annuity due to what its for and why i get it????

Just need a little legal advice!!!!
Thank you
R

I agree with the others. Its part of your income for child support purposes.

However, in case your question wasn't related to child support (the wording of your question makes me wonder) then what exactly do your orders say regarding the annuity?