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?
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.
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