SPARC Forums

Not sure if anyone else has gone through this but maybe I can learn something here. I was a gainfully employeed until a injury left me disabled. Since my injury I have been awarded a disability retirement. I was a Department of Defense employee(worked for the governmnet). Because I had no income coming in after my injury the court ordered the minimum amount required for child support. Up to my injury I was paying my child support monthly for 6 sixs without being court ordered. I never missed a payment. Anyways, because of my injury I will eventually be awarded a money settlement. I understand she(kids) are entitled to a portion of this settlement. Part of my settlement will be for lost wages. Is this what the court is figuring on? What about the other money awarded? For pain and suffering,medical bills, cosmetic surgery,ect. Is she also entitled to a portion of the money awarded to me also? Doesn't seem fair/right she would be entitled to any money awarded to me for my pain and suffering or medical bills ect. Is there somewhere I can get some good information on this matter?

I have seen an apportionment of the lost wages given to the ex for the kids and/or alimony, but only from the date of filing onward. Once an order is in place then only arrears were attached to the lost wages. The portion for retraining or for surgery, or other medical procedures was not up for grabs. (State of WA).

The portion for pain and suffering was only attachable on a per diem basis from the date of the injury to the date of the separation. (I think the logic of that was that the ex helped you through the pain and suffering for a certain length of time up until you two separated and thus the $$ for that is a marital asset.)

Other states may be different.

i'll be very interested in finding out how this turns out. this kind of falls in line with other cash awards, such as lottery winnings.