Legal Question in Family Law in California
I am recently divorced with 50/50 custody of our 4 yr old son. My son was in an accident while in my ex's custody. He is ok but went to the hospital. My ex is suing the driver that hit him. She will not share any information on the settlement she is trying to get as well as the police report or medical records of the er visit. Do I have any rights to this info? I currently pay spousal and child support. If she sues and receives a settlement does this affect me and payments in anyway? Am I entitled to any monetary portion or at least the info? This is in CA. Thanks
2 Answers from Attorneys
You don't say whether or not you have joint legal custody. 50/50 physical is not necessarily joint legal. Without that information, there is no way to begin to answer your question.
1. If you have any rights to the info depends on whether or not you have joint legal custody of your child.
2. If the mom sues and gets a settlement, YOU have no right to the monies since the monies are payable to the child alone and will usually be put into a blocked account for the child's later use.
3. If the mom gets a settlement it has no effect on the amount of money that you pay.
4. The money is the child's. Neither you nor the mom have any right to it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
