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Personal Injury Lawsuit for sister? |
My sister and this guy were together for about 2 years and had 2 children together, both of which are little. He skipped out on her before the 2nd child was born, she is now 10 months the other little girl is 2 years old and she found out from his mother that he was very badly injured at work, to a point where the accident was almost fatal. He works at a large company, it's factory work he does and something happened with the crane malfuntioning, but he has had to undergo many surgeries and is confined now to a wheelchair. I would STRONGLY SUGGEST you have your sister contact a lawyer on You can have a court order support, but you can't sue just to get any theoretical funds from a settlement or verdict. A court will consider "ability to pay", however, in enforcing a child support order, so funds received would be relevant in having a court attach bank accounts, etc. Note that people can sue for "millions" (or any amount), but that often cases settle for much, much less than what was demanded. All the best to you. Talk to a lawyer. If there was an order for support, then she can use the child support enforcement agency to seek back support. If there never was such an order, then there is no back support to seek. The children are not entitled to a chunk of the settlement. Child support it paid to the custodial parent to help defray the cost of raising children. It is not paid to children directly. No one but him was injured, so no one but him can collect from that settlement. However, your sister can get her back child support when he comes into some money. If I were her, I would contact him or his lawyer and let them know that I'll be expecting a check as soon as he gets some money in his pocket ... and back it up with a refiling of child support requests if he doesn't start paying. Were they married and divorced? That might make it easier. Without a court order obligating him to pay child support (depending on state law), she may have trouble collecting anything. She should now try to get a court order, or if there is one, get it amended because of his new source of funds. The children are not entitled to part of his injury settlement. However, your sister would certainly have a good chance to collect all back child support *and* get a new child support order that raises the monthly support level. |
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