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

Asked over 1 year ago - 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?

Additional information

--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. Malosack Berjis

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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... more
  2. Manuel Alzamora Juarez

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

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

  4. Philip Anthony Fabiano

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  5. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

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

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury settlement

Personal injury settlements are agreements made between the two parties of an injury lawsuit. They outline the compensation that an injured party receives.

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