Legal Question in Family Law in Virginia

Wrongful Death Proceeds And Child Support

I have two children ages 13 and 15 from a prior marriage that I pay child support to my ex for. We married in May of 94, separated in May of 96 and divorced in Jan of 99. Saying that to point out that I have not lived with my children since they were ages 3 and 1 and we have been divorced over 10 years clearly showing that I have not accustomed them to any particular lifestyle or living other than child support payments. I may potentially be awarded proceeds from a wrongful death suit that I have pending regarding another daughter (not by my ex) that was killed last year. My question is if I am awarded monies as a result of this case can these monies be included in my income/financial assets for my ex to be granted an increase of support if she petitions the court? Could VA Code 34-28.1 be applied to protect these potential proceeds from child support actions?


Asked on 3/05/09, 3:30 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Wrongful Death Proceeds And Child Support

Va. Code Sec. 34-28.1 prohibts the application of creditor process against the proceeds of an award

of damages derived from a wrongful death or personal injury action.

Whether a child support payee could be legitimately considered as a creditor for purposes of this particular statute would likely require some legal research to answer your inquiry (as it does not appear to be readily apparent from the relevant statutes themselves).

And, it's possible that Va. Code Sec. 20-108.1B.6. could also have some bearing as to how such proceeds could be treated in the calculation of an obligor's child support obligation under the Virginia Child Support Guidelines.

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Answered on 3/05/09, 12:09 pm


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