Will Injury Claim Settlement Money Go Directly For Child Support, If the Parent Defaulted?

If the financial obligations of a parent included payment of child support, the size of that same payment would reflect the size of the same parent’s imputed income. The court has the right to assign an income level to a parent that has no apparent income.

What sort of event might push a court to assign an income level to a parent that has no apparent income?

The parent may have failed to provide the care taking spouse with the expected payment, but could also have applied for the chance to purchase some type of residence. The submission of that application would give a court sufficient reason for assigning an income level to the dishonest parent.

If the same parent were later involved in an accident, and then began to receive compensation payments, the settlement money could be part of the new payment arrangement. That fact should help personal injury lawyer in Truro explain the connection between settlement money and child support payments.

Significant features of imputed income

Size of income reflects the answers to the following questions

—Why is the parent not working?
—What is the parent capable of earning?
—Has the parent found other ways to increase his/her income? If not, are there ways that the court might want to consider? The court might elect to declare that the jobless parent should use at least some of his/her settlement money for paying child support.

A judge must get permission for modifying a parent’s existing payment arrangement, an arrangement that could reflect the size of the parent’s imputed income.

Under what circumstances might a judge find that authorities have denied permission for modification of a payment arrangement?

The permission for such a modification could be denied, if a parent were actively looking for a job

—Usually, someone that is actively looking for a job has registered with a temp agency
—Generally, someone that is looking for a job has tried to line up a series of interviews.

A judge’s plans for modifying an existing payment arrangement could be canceled, if a certain parent were to disclose his or her plans for seeking student status in an institution of higher learning.

The need for such a modification could be increased by the sudden availability of settlement money. Still, the court would not be able to enforce payment of one parent by another parent, even following a settlement.

Who decides on the amount of money that a parent must offer as child support?

A judge normally makes that decision, unless circumstances have led to a cancellation of that same right.

If a parent’s situation were to change, then he/she could petition a judge for discontinuation of an imposed plan for a parent’s imputed income.

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