Is an ex-wife entitled to a part of a court settlement for injury incurred during marriage?

Question Details:

My ex-husband and I recently divorced (last 09/09) and I just found out he is finally receiving his court settlement we had been waiting on for about 5 years. I have 2 children with this man and our original plan was to put aside money for them for college. But now he is planning on blowing the money on partying and other things. Is there any way I can get in on this $15,000 for my children?

Asked 2/1/2010 under Wills, Trusts, Probate | 342 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Austin Hirschhorn / Answered 2 years ago | Contributor

It would depend entirely on the terms of the Judgment of Divorce.  If the Judgment provided for the proceeds of the settlement that he is finally receiving would be earmarked for the benefit of the children of the marriage, that provision would be enforcible.  You should contact the lawyer that represented you in the divorce to find out if any provision for the settlement was made in the Judgment and if there was a provision made, how to go aboult enforcing it.

Brian Dailey / Dailey Law Firm PC Answered 2 years ago | Contributor This attorney is licensed in Michigan

Thanks for the email in relation to your intesting case. My firm Dailey Law Firm PC of Royal Oak Michigan www.daileylawyers.com has handled many cases like yours. We have achieved a great many successes for our clients facing similiar legal challenges. If you would like more information please contact me Brian Dailey www.briandailey.com at my phone number 866 66LAWYER. Dailey Law Firm PC of Royal Oak Michigan offers to all clients a free initial consultation. You can also log onto to my legal talk radio show website www.thelawshow.com and listen to one of the many interesting pod casts in a variety of areas of law. You can also tune into the law show every Sunday from 2:00 PM to 3:00 PM on News Talk 760 WJR AM the Great Voice of the Great Lakes. You can also live stream the law show from www.thelawshow.com/live-video. Thanks again and I look forward to meeting you and assisting you in achieving your legal goals. Good luck  Brian Dailey

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