Legal Question in Family Law in California

rights to half of his settlement

my husband was hurt on hte job in December. Life became very hard and we separated. One month after I left he started getting large checks for his injury. He has put the money in his fathers account because the have the same name. I have our three children and we realy dont have a place of our own. We have been staying with friends. He wont help me at all. I feel that he owes us some type of money not only cause he is the father and needs to take care of his kids but also cause for the past six months we have suffered living only off of my sons SSI check and and I stood byhis side thru that. He will also be getting a settlement from the law suite that he has against the company. Now things have gotten worse between us and I feel we can not be together. I want to know am I allowed any of the money that he is getting and will be getting


Asked on 7/30/04, 3:32 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: rights to half of his settlement

Your right to a part of these funds would depend upon the facts surrounding the reason for the payments. This money should be considered as income when it comes to setting the amount of child support. Contact the local child support agency. They should pursue him for child support. The amount of money that he has received is recorded by the insurance company that is paying him. This information can be obtained by a subpoena.

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Answered on 8/03/04, 10:43 pm


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