Whether the insurance company agreed to pay you a fair settlement after some negotiations or you’re eventually awarded a check after a civil trial, knowing you’re finally getting money to pay for your injury-related expenses is a relief.
The constant anxiety and worry about how you’ll afford your medical bills when you aren’t able to work may seem like it’s finally behind you, but for some claimants, including those are who are getting divorced or have children living with another parent, winning a settlement doesn’t automatically mean they’re entitled to all of the money.
The amount of money that a non-custodial parent must pay in child support is typically established based on their income at the time of the divorce or when the child support order is established and enforced. However, the amount of child support that must be paid can be affected by a personal injury settlement under the following circumstances:
Note that regardless of how much money you’re required to pay out of your settlement for child support, your medical bills will always be paid first.
If you won a personal injury settlement before or during your marriage, it can be considered marital property and subject to 50/50 division if you get divorced. You also may be required to pay some of your settlement to your ex-spouse if your injury or accident occurred while you were still married even if you filed your compensation claim after your divorce had finalized.
However, if your accident or injury occurred AFTER your divorce was finalized, it’s unlikely that your ex-spouse will have a claim to any of the money. That’s because Indiana’s family law courts don’t often change spousal maintenance agreements after they’ve been finalized.
Getting a personal injury settlement can affect the amount of child support and alimony—or spousal maintenance—you owe (and the amount you get to take home), especially if your settlement is substantial or you’re behind on your payments. But the consequences of winning a personal injury settlement go both ways and for both parties.
That means that if your ex-spouse or the parent of your child wins a substantial personal injury settlement, you may be able to revise how much money you owe in support payments to pay less. That’s because the amount of money they receive from their settlement may be sufficient for them to have greater or even complete financial independence and self-sufficiency, and that means they’ll require less money from you every month.
For many people, winning their injury claim is just step one when it comes to financially recovering from a serious injury. If you’re one of the millions of Americans who face child support or spousal maintenance payments every month and want to file a personal injury claim, our Indiana personal injury lawyers want to help.
We know that you’re going through a complex situation, and you need aggressive, knowledgeable representation to ensure your rights are protected. Get in touch with the experienced legal team at Fleschner, Stark, Tanoos & Newlin today for a free consultation.
Fleschner, Stark, Tanoos & NewlinN/a
The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
© Fleschner, Stark, Tanoos & Newlin