Legal Question in Family Law in New York

Does Ex-wife have any right to lawsuit settlement

Thanks in advance for taking this question.

I've been divorced 2 years and was hurt at work 1 year ago and am on workers comp.

I have 2 children I pay support for and I have been paying what I normally would pay even though my wages have stopped because of injury and substituted by comp. for now.

My question is...because of how I was hurt at work, there is a lawsuit and eventually probably a lawsuit settlement or judgement that will happen down the road. I have a very strong case.

Does my ex-wife have any legal claim to any settlement or verdict that I may get?

I have continued to pay her support based on my old job since the injury.

My lawsuit will probably reimburse me for lost wages and future lost wages and present pain and suffering and future P&S.

Does she have any legal right to any of it besides me cotinuing to pay support based on my old jobs wage amount?

Thank you

PS. I know that I could have gotten a reduction due to injury but I didn't want my childrens lives affected by my situation.


Asked on 9/04/06, 7:40 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Does Ex-wife have any right to lawsuit settlement

Your Ex spouse does not have any right, claim or interest to any PI injury Award you may receive, re your pending accident claim.

Also, Your Ex Spouse is not entitled to claim or petition for a retroactive upward modification of child support.

Thus, if you remain current re payment of child support due, you should not suffer penalties, loss or a charge against imbursements to you for lost wages or future income, notwithstanding whether your reimbursement is in a lump sum.

However, whatever settlement or payout you agree to accept should clearly delineate, how the settlement or payout is allocated, to wages, P&S, medical, etc. AND, you should discuss with your lawyer, in detail before finalization, specifically what ALL of your family and tax obligations will be, upon payout.

Please be advised that, although P&S and any increase in your wage base payment, COULD be the basis for your Ex, TO seek upward modification of child support, each situation is different. Which means, the Court may not necessarily grant the increase.

Suggest: that if your standard of living is substanially increased; or if this lawsuit results in a great "boon" to you, YOU should choose to avoid litigation, by making an offer of a "gift," (with assistance of counsel), to your children or wife, whichever will benefit you most tax and financial wise.

Good luck,

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Answered on 9/05/06, 1:03 pm


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