My husband has been divorced for over 10 years. During the separation he had an accident. He sued and won money. His wife put in the divorce papers that once he gets the money he has to give his daughter 20%. The ex just recently lost her case for child support since her daughter no longer lives with her. I over heard her mention something to her lawyer about money owed to her daughter. It doesnt say any where in the divorce papers that the money was to be put in her name. Can she sue 10 years later to get this money?
2006-08-07 01:34:32 · 5 answers · asked by mackey208 2 in Family & Relationships ➔ Marriage & Divorce
The daughter can potentially sue but not the ex. She is not part of the issue anymore. The fact that she lost the support issue is not relevant. The money should have been placed in a UTMA for her benefit and is her money at 18 years of age. If you have not done this, do it. The ex has no legal standing other than to potentially enforce the terms of the divorce (the 20%). If he has not complied, there is potential contempt, but this is a stretch. A number of other issues come into play, plus the ex will likely have to pay her own attorneys fees. In the event of a contempt charge, your husband may become liable.
So, make sure the $$ was taken care of.
2006-08-07 04:43:06 · answer #1 · answered by timbother@pacbell.net 2 · 0⤊ 0⤋
If it was in the divorce papers that he has to pay a percentage to his daughter from his settlement then he has to pay..
This would be court ordered for his daughter not the ex wife..
I would check into it.. Since she no longer lives with her mother who does she leave with now?
See about putting the money in a trust for his daughter that way Mom can not touch and his daughter will have money available for college or just in the future in general.
The ex can not sue him for money owed to her because he does not owe his ex any money just his daughter.
2006-08-07 01:43:22 · answer #2 · answered by DeeDee 4 · 0⤊ 0⤋
You should be asking a lawyer this, but there are some websites that can help you. If I had to guess, and I do, I would say as long as he's kept up child support there is no way she can get any of that money...unless your lawyer is an idiot. If he was faulty with child support, she will probably get at least what is owed for child support.
2006-08-07 01:40:46 · answer #3 · answered by flashpro 5 · 0⤊ 0⤋
Did he put the money somewhere for his daughter? IF so, no she can not come back and get the money it is not hers. IF not, he better get the money somewhere in his daughter's name so that he can prove he gave 20% to her.
2006-08-07 01:40:13 · answer #4 · answered by UOPHXstudent 4 · 0⤊ 0⤋
You can sue for anything. It doesn't mean she'll win.
2006-08-07 01:39:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋