Legal Question in Family Law in Missouri

Im in the process of taking my ex wife to court to get my child support reduced. She recieved a large medical settelment 3 years ago. When asked to desclose the amount in the discovery info for the case she said she cannot disclose the info. I feel it is important information to the case and she has filed a hearing. Does she have to desclose the info for the child support case? Thank you David


Asked on 10/22/09, 3:07 pm

1 Answer from Attorneys

Anthony Smith LawSmith

There is not enough space provided here for you to supply enough facts for an attorney to make a definite determination that your ex will or will not have to disclose the amount she received in a medical settlement. Many judges take differing views and make different decisions as to the divulging assets of the custodial parent after a support order has been entered. If you were the one who had received the settlement money, the court might be more likely to require that it be reported, since you are the one that is to pay, and the amount to be paid is based upon your assets.

It is worth noting that the Courts are concerned with the needs and opportunities of the child, in determining child support, more than the parents. It has been said that children do not divorce, so they are entitled to the support they would get if the parents were still married and pooling their resources. In that light, the court could say that the children are entitled to the standard of living that they would get with what you are required to pay, plus what Mom has. The medical settlement money could be viewed as a bonus that does not reduce what you must pay.

If you were talking about spousal support, the amount of your ex's settlement money would be certainly be relevant and taken into account when determining what you would be required to pay. As to child support, it is not clear that it would change what you are required to pay, so a court may not require a parent to violate a confidentiality agreement, that was part of a civil settlement.

Good luck

Read more
Answered on 10/26/09, 5:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri