My ex husband was just arrested and is in jail facing probation violation and driving while barred. 2 years ago he was injured @ work & a lawsuit was later filed. 4-1-09 he is supposed to get a payment from that lawsuit. We live in Iowa will my son still be able to get the funds due to him?
Your ex husband will get the settlement due to him even if in jail. He may not be able to spend any of it until he gets out of jail but the money from the settlement is his as he was injured at work.
Your son will not get any "funds due to him" because he was not the one hurt at work. The only way you are going to get anything for your son is to sue your ex-husband (assuming he is the father of the kid) for increased child support due to his receiving the settlement. However that is iffy, as under Iowa law a settlement for an injury is not considered "income" and you may not be able to get any of that.
It is quite likely your ex will get out of jail, have a bunch of money from the settlement and be able to spend it the way he wants and your son will get nothing more than just the previously ordered child support.
Yes. Unless he was lying to you in the first place. This matter has nothing to do with the last..
References :
Unclear here, is the settlement to your husband or to your son. If the settlement is due to your husband it will be covered under the terms of your divorce agreement, the probation/jail has no effect on that. If your agreement does not address it, and he is current on his obligations, the settlement payment is his to keep.
If the settlement payment goes directly to your son it should also not be affected.
References :
No. sory to hear about your misfortune. i have been authorizing equities for 23 years and under any circumstance have we given them out in such conditions as goes for any state.
References :
Your ex husband will get the settlement due to him even if in jail. He may not be able to spend any of it until he gets out of jail but the money from the settlement is his as he was injured at work.
Your son will not get any "funds due to him" because he was not the one hurt at work. The only way you are going to get anything for your son is to sue your ex-husband (assuming he is the father of the kid) for increased child support due to his receiving the settlement. However that is iffy, as under Iowa law a settlement for an injury is not considered "income" and you may not be able to get any of that.
It is quite likely your ex will get out of jail, have a bunch of money from the settlement and be able to spend it the way he wants and your son will get nothing more than just the previously ordered child support.
References :