Legal Question in Family Law in California
hidden asset and personal injury award
My wife and I seperated. She threw me out of the house and 11days later she filed a case of wrongful death for our daughter. She gave me a paper to sign that said I'd receive 50000 dollar from that case. Minus 20000dollar for the lawyer.That left me 30000 of which she got half,i ended up with 15000.I found out that it was all about a lot more money and she had neglected to show me all the papers.She got over 280000dollar, i didn't even know about.I pay over 1000dollar per month for her and two kids.Plus I pay the medical insurance for all of us.On top of that court case money she receives 6000 dollar per month personal injury award for our daughter.Is their any case that shows this award was recognized as an income?
2 Answers from Attorneys
Re: hidden asset and personal injury award
I'd suggest you contact the Family Law Facilitator's Office (213) 974-5004, or a private attorney who can go over the specifics of your case. From the facts you've given, it's unclear how the money would be characterized. Good luck!
Re: hidden asset and personal injury award
First, let me tell you how sorry I am about the death of your daughter. That must be very hard.
The claim for her death is essentially a community asset. Your wife had, and has, a fiduciary duty to you to give you all the facts.
I would retain counsel to 1. Freeze the money and 2. file a motion under FC 1101 to get your full one-half of the c/p interest in the award and the other half as well as a sanction against her for breaching her duty. It is unclear as to whether or not you may have a cause of action against the PI attorney, since you probably never contracted diretly with him/her.
The facilitator can't help with this kind of case. Hire counsel.
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