Divorce and Prison
2 attorney answers
The money belongs to your child. The only way that there would be a martial portion would be if you made a claim for loss of the child’s services and actually receive an award based on that claim (usually only in the case of a jury verdict). That portion is probably marital property. In the case of a settlement, it is usually not so earmarked. It’s safer just to have the entire thing attributable to the child’s injuries.
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I don't practice family law, however, it is highly unlikely that funds being held by a guardian would be considered marital. If something happens to your child, then the child's assets may pass by intestacy laws to you and your imprisoned spouse. Consult an attorney for Assistance with your role and responsibilities as guardian.