Can child support be taken out of a wrongful death suit?

Question

My ex is $5000 behind in child support and has not paid one cent. He recently won a wrongful death suit for his father for around 5 to 10 million dollars. Am I supposed to recieve any of that? How will they calculate the support if he is no longer working b/c of that? He left the state before the divorce was even finalized, so that he could be with his new baby's momma (which he has already left her a single parent too). Is there any thing I can do? I can't find his address or phone number. I just found his myspace yesterday(which is how I found out he won the settlement). I don't want to contact him b/c he was very abusive and manipulative. He also molested our 2 year old, while I was in basic for the army so he doesn't have vistiation, but I am afraid if I try to enforce the child support he will fight for custody again or visitation. I would rather die. I would rather not try, but I really need the money. Does any one have an answer or a suggestion?

I live in alabama
Our divorce was in alabama
The death suit was in alabama
He lives in boca raton florida
Our divorce and the order for support was in October of 2005

Answer 1

There are several questions I need to ask first, then based on your replies, I'll respond.

1. in what state was the order for support issued and do you live there with the child now?

2. in what state does he live and from where was the suit filed?

3. how long ago was the visitation/custody order issued?

Based on your answers to my questions there are two options you can explore.

1. go here http://family.findlaw.com/child-support/support-laws/state-child-support-info(1).html to begin the process of involving the state enforcement agency in collecting the arrears (including interest earned), or;

2. interview a number of attorneys to find one willing to get nasty.

I think you already know which I would select. And here is why.

your attorney should begin the process by locating any assets your ex owns, including the lawsuit funds. That's why I asked if the award was a lump sum or structured settlement. The attorney can do a cursory search to discover details of the lawsuit using the name of the deceased.

If the funds are being disbursed in payments over time (structured settlement) then he/she can file a motion to modify support to the level required by Alabama. The top end of the State CS Calculator is $10,000 per month so the award will be at the discretion of the court. I would settle for nothing less than $5,000 per month to begin.

If the funds were a lump sum then it's time to get nasty. In the motion to modify, I would instruct the attorney to pray the court award continuing support based on state statutes, a lump sum payment of $500,000 into a trust for the benefit of the child's education with you as executor and a codcile to a required will naming the child as a full beneficiary to the estate of the ex.

IF the ex demands visitation or shared custody I would inform him that unless and until he drops any claim to visitation and/or custody based on his record, you will immediately file suit on behalf of the child for sexual assault, medical and emotional damage and pray the court to award $10,000,000 in actual and puntative damages.

I think that's enough to chew on for a bit. Finding an attorney won't be a big problem although it might get expensive unless you can find one to work on contingency if that is allowed in your state.

Answer 2

Any arrearages will come out of that settlement automatically.Once a Judge orders child support he doesnt care whre the money comes from aslong as it is paid each and every month. For him to succeed in winning custody back from you in court he would have to show evidencethat youre justifiably unfit to be the mother and then he would have to prove himself the best choice for custodian parent which neither vis easy and from what I see here would lose any attempt to gain custody. So go for child support or anything else you need or want as the legal system is on your side so dont worry here.

Answer 3

Multi-million dollar case? Bu!!sh^t. Your dad was an adult with an alcohol problem. It isn't the restaurant's fault that he chose to drink. As for them not calling an ambulance, you said yourself that he has done this before. What was supposed to alert them that this time was different? Why should they call an ambulance? Did you? You weren't worried enough to call anyone and you left him in the car. So what makes you think the restaurant should be more accountable then his own family? You have no case. You're either completely delusional or a troll.

Answer 4

If he has to pay taxes on any of that money they may take his child support back payments out of it. I suggest you seek the advice of a lawyer first however.

Answer 5

As others have said, you need to contact a lawyer.

If you won custody of your child and the fact that he molested them is known, I would certainly hope the courts would keep that ruling.

Answer 6

oh honey i feel for you...i would go talk to a lawyer and ask their opinion. it would be horrible if you pursued this and he tried to see you child. good luck with whatever you decide to do. prayers...

Answer 7

take him to court and have his wages (or for your example - award settlement) garnished or something until he pays up.