Legal Question in Family Law in California

personal injury before marriage structured settlement annuity

Im going back to family court and i,m paralyzed from auto accident in 1978. Started recieving Life Time Annuity payments in 1984. Got married 10 years later now i/m divorced with 2 beautiful girls. I want to know what will happen if i go in and use 45 U.S.C. 231m for protection of my annuity for support. Remember I had this seperate and personal property 10 years before marriage and kids. What decission? Am I untouchable in California corts? Thanks.--name removed--


Asked on 3/24/04, 10:51 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: personal injury before marriage structured settlement annuity

The lifetime annuity is your income and is subject to child support. However since you are disabled your children may be eligible for SSI income due to your disability. Assuming that they receive SSI disability it may satisfy your child support obligation.

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Answered on 3/25/04, 2:43 am
Damian Nolan Law Offices of Damian M. Nolan

Re: personal injury before marriage structured settlement annuity

THE FAMILY LAW COURTS IN CALIFORNIA WILL ASSESS CHILD SUPPORT AGAINST YOUR INCOME (LIFETIME ANNUITY)IF INDEED YOU ARE LIABLE TO PAY SUPPORT. PLEASE REMEMBER, THE COURT IS INTERESTED IN THE CHILDREN'S BEST INTEREST AND REQUIRES BOTH PARENTS TO SUPPORT THE CHILDREN.

THERE ARE SEVERAL FACTORS USED IN DETERMINING CHILD SUPPORT INCLUDING INCOME AND AMOUNT OF VISITATION BY THE NON-CUSTODIAL PARENT. ALSO, BECAUSE YOU ARE DISABLED, THE CHILDREN ARE ENTITLED TO SOCIAL SECURITY PAYMENTS AND THOSE PAYMENTS SHOULD BE TAKEN INTO ACCOUNT WHEN DETERMINING SUPPORT.

REGARDS, DAMIAN NOLAN.

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Answered on 3/25/04, 3:19 pm


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