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Can money from a wrongful death settlement be used to determine child support

Oxnard, CA |

My son's father died when he was very young and a structured settlement was created for my son for when he turned 18. Now that he is an adult and is receiving his money, can he be required to use this settlement money when determining child support payments? My Son has a job and has been using that money to support his son, but his girlfriend is trying to control if and when he sees his son based on how much money he gives her. When it is not the amount she wants, she keeps his son away from him. I was under the impression that the settlement money was a type of inheritance because it was from the death of his father, and therefore would not be considered an eligible asset. Would that be a legitimate argument in his case?

--I'm not sure why this continues to post in the wrong area. I am fully aware that this is not a personal injury matter but a child support issue.

Attorney Answers 5


  1. I'm going to edit the practice area of your post to "Child Support" so that it can be viewed by attorneys who practice in that area.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


  2. Yes, his money can be used to support his child. He would be best served if he hires a family lawyer to help him set a court order and take the child support out of the equation of the games played by the child's mother. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  3. Best that he retains a family law attorney in his city to resolve it.


  4. He should make use of that money to retain a family law attorney to establish his parental rights and obligations.


  5. This is not a personal injury question and best answered by a family law lawyer. I do not practice family law and certainly no in California. However in Pennsylvania the failure to pay child supports has its ramifications but denial of visitation is not one of them. Visitation cannot be withheld simply because child support is not paid. Is there a visitation court order. If not, your son needs one--in that way everyone will know the rules--and what can or cannot be done. He needs a family law lawyer.
    Again, in Pennsylvania I doubt your son would get away from paying support by arguing the wrongful death money is just his.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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