Legal Question in Civil Litigation in Illinois

Children Rights to Personal Injury Settlement of Father

My ex-husband and I were divorced in 1997; I was awarded primary custody of our two children. He pays me $120.00/week child support, until our youngest daughter graduates from high school (June, 2008). He is current on his child support payments as well as all medical/dental bills and delinquency has not been a problem. My ex-husband had a work accident in July, 2002 in which he was badly burned. He has filed a personal injury lawsuit and will receive a significant settlement within the next few years. Am I and/or my children entitled to receive a portion of that settlement and, if so, what percentage are we entitled to by law? Our oldest daughter is now 21 (she was 19 at the time of the accident) and our youngest child is now 14 (12 at the time of the accident). I do not think that my ex-husband will willingly give our children a portion of this settlement as he has re-married and I am willing to pursue this issue legally if either myself or the children do have a legal right to a portion of this settlement. Please advise me as to my rights as his ex-wife and the mother/legal guardian of the children as well as the rights of the two children.


Asked on 1/03/04, 3:37 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Children Rights to Personal Injury Settlement of Father

My understanding is that neither you nor the children have any interest in your ex-husband's personal injury settlement or other finacial recovery. This might change if he would happen to die before he receives his settlement, since his settlement proceeds would go to his estate and presumably the children would stand to inherit a share.

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Answered on 1/04/04, 10:12 pm


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