Can an injury settlement increase my support payments in WI? | Sterling Law Offices, S.C. Can an injury settlement increase my support payments in WI? | Sterling Law Offices, S.C. global $post;
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– from Jonathan E. in Dousman, WI

Question Details:

I have been divorced for almost a year. I was ordered to pay $240 a month in child support for my two children. I work in construction, but I don’t make a lot of money. Soon after the divorce, I was injured in a car accident and I was awarded a very large cash settlement due to my extensive injuries. I told my ex-wife about it, and now she is saying that she is going to ask for an increase in child support. Can she do that? Can my child support be increased because of my personal injury settlement?

Family Law Attorney Response:

In short, yes, an injury settlement can increase child support.

In the case of Sommer v. Sommer, 108 Wis. 2d 586, 323 N.W.2d 144 (Ct. App. 1982), a man was injured 11 days into the divorce proceedings. Four months after the finalization of the divorce, he received his settlement. His child support was increased on the grounds that minor children are entitled to enjoy the fruits of any income a parent may obtain as if there were never a divorce. The increase, however, is what is debatable. It would be dependent upon the amount of the settlement, and factored into your lost wages due to the injuries you suffered, your ability to work, and your cost of living, etc.

My advice is to consult with a family law attorney immediately to discuss these details and see if there is a possibility of an amicable solution between you and your ex-wife.

Trisha Festerling, J.D.

Family Law Attorney

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– from Jonathan E. in Dousman, WI

Question Details:

I have been divorced for almost a year. I was ordered to pay $240 a month in child support for my two children. I work in construction, but I don’t make a lot of money. Soon after the divorce, I was injured in a car accident and I was awarded a very large cash settlement due to my extensive injuries. I told my ex-wife about it, and now she is saying that she is going to ask for an increase in child support. Can she do that? Can my child support be increased because of my personal injury settlement?

Family Law Attorney Response:

In short, yes, an injury settlement can increase child support.

In the case of Sommer v. Sommer, 108 Wis. 2d 586, 323 N.W.2d 144 (Ct. App. 1982), a man was injured 11 days into the divorce proceedings. Four months after the finalization of the divorce, he received his settlement. His child support was increased on the grounds that minor children are entitled to enjoy the fruits of any income a parent may obtain as if there were never a divorce. The increase, however, is what is debatable. It would be dependent upon the amount of the settlement, and factored into your lost wages due to the injuries you suffered, your ability to work, and your cost of living, etc.

My advice is to consult with a family law attorney immediately to discuss these details and see if there is a possibility of an amicable solution between you and your ex-wife.

Trisha Festerling, J.D.Trisha Festerling, J.D.
Family Law Attorney

Sterling Law Offices, S.C.
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