Family Law

Medical Malpractice Settlement is “Income” for Child Support Purposes

(Note: Kevin Hickey represented the appellant mother in this case at trial and on appeal.)

In this case, the parties divorced while a medical malpractice lawsuit was pending with husband as the plaintiff. Mother received custody of the two children. Subsequent to the divorce, ex-husband settled the lawsuit. Ex-wife then petitioned the court to receive a lump sum payment of child support based on the settlement money received by ex-husband. The trial court held that the lump sum net amount received by the ex-husband was technically “income” under the Arkansas child support guidelines. A one-time lump sum child support amount of $52,500.00 was assessed. Ex-husband appealed and the Court of Appeals affirmed the lower court’s decision.

Here’s the decision…
http://courts.arkansas.gov/court_opinions/coa/2008b/20080917/published/ca08-117.pdf

Full post as published by Kevin Hickey Law Blog on October 14, 2008 (boomark / email).