Saturday, April 26, 2014

Does my 6,000 settlement count from car accident impute as income for child support?

Q:  My ex and i have 2 young boys and have split up 4 yrs ago.never been married nor ever had a legal agreement. In 2011 i was in a car accident which made me out of work for 6 months. I paid my ex what i could from unemployment and we were civil. I went back to work and was then injured on the job in 2013. I then again paid her what i could from disability and remained civil. We recently have got into disagreement with money and had me summonds for child support. I am still out of work since my injury lead to extensive rehab to which i couldn't work. We went to court, Judge made temp order til i have pay stubs when back to work to show in a few weeks. 1 week before served i got a check for 6000 from 2011 accident. Will this be imputed as income for upcoming court date?

A:  David's Answer:  The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

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