Legal Question in Appeals and Writs in Minnesota

Car accident funds

1987 I was in a car reck, in hospital for 6 months. Settlement sued my car insurance, other driver had no insurance. Decided to take money 35+yrs not all at once. Kids qualify for mn care without my settlement money included in my income. This money per month is strictly for my medical needs, not for any other purpose. mn care denied me medical for my kids stating this is a annuity and that it's unearned income. without the money I couldn't pay my medical bills, this settlement has nothing to do with my kids. I have appealed the decision, and will conference with Judge on Tuesday March 25th. Can you give me any good advise on what to say, or send the judge to convince her the money shouldn't be included as income. I'm single $50.00 per month child support, and no other means of medical insurance or dental for my kids, preexisting conditions for both children. Please help me without this coverage from the state for my kids, I could lose everything if there was another accident, or my kids get injured playing sports. Son 15 Daughter 10. my settlement is paid monthly tax free which I use for my medical expenses. I see a doctor @ 175.00 per visit every 8 weeks plus my prescriptions which range 50.00 on up or down.


Asked on 3/20/08, 7:45 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Car accident funds

Thank you for the post.

Whether the settlement proceeds are income for child suport depends on how they are paid. Any payments that occur regularly can be used for income even if they come from a personal injury settlement.

Minnesota Statutes Sec. 518A.29 indicates that income includes any form of periodic payment to an individual, including, but not limited to, salaries, wages, commissions, self-employment income under section 518A.30, workers' compensation, unemployment benefits,

annuity payments, military and naval retirement, pension and disability payments, spousal maintenance received under a previous order or the current proceeding, Social Security or veterans benefits provided for a joint child under section 518A.31, and potential income under section 518A.32.

For a consultation call 612.240.8005.

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Answered on 3/20/08, 7:56 pm


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