T.R | Title | User | Personal Name | Date | Lines |
---|
799.2 | Hard to call. Was divorce already final. | CSC32::HADDOCK | I'm afraid I'm paranoid | Tue Jun 16 1992 16:40 | 20 |
| Probably a lot of variables here. 1) Does the court go by the time
of the accident or the time of the settlement? 2) What stage was the
divorce in when the settlement was made? 3) Did she contribute
part of here income to the payment of those bills? 4) Is she liable
for the bills (if any outstanding) since the bills occured when they
were married? He could take the settlement, blow the money, declare
bankruptcy, and she would still be held liable for the bills.
My guess is that, unless there has already been a property settlement
in the divorce, she is going to get *some* consideration. Whether
the consideration is explicit or not. The judge will probably specify
that all outstanding bills be paid before any leftovers are divided.
If the divorce is already final and there has already been a property
setlement, however, I doubt if she will be able to reopen the
case. Especially if she knew at the time that there was a settlement
pending at the time of the divorece and didn't take steps to protect
here interests at that point.
fred();
|
799.3 | | SOLVIT::MSMITH | So, what does it all mean? | Tue Jun 16 1992 18:46 | 7 |
| Your best bet is to consult a competent lawyer. Notes lawyering is
fun, and lots of people will have an opinion, but these opinions are
worth every penny you pay for them. You know? :)
Mike
|
799.4 | | MILKWY::ZARLENGA | umm, dan, there's no e in potato | Wed Jun 17 1992 00:37 | 7 |
|
Reminds me of the guy who hit Megabucks after he filed for divorce.
That case has been in the courts for years now. Every other judge
seems to disagree with the one before. In a few more years, all
the winnings will have been spent on lawyers, so the legal ramifi-
cations will be all but meaningless.
|
799.5 | Update | ESKIMO::FISHER | | Wed Jun 17 1992 08:32 | 13 |
| reply .2
The divorce was finalized for both couple and settlements were not
discussed at the time. Medical bills have been taken care of by the
proportion of the settlement. She clearly told him that she will not
going to drag this on to the court and get even with him. This is all
verbal talk from her. I understand that he is planning on purchasing
a house soon. What's then! Weather changes, so as people :^).
Regards,
d
|
799.6 | | QUARK::LIONEL | Free advice is worth every cent | Wed Jun 17 1992 10:32 | 5 |
| All the ex-wife has to do is claim some harm from the accident (loss of
consortium is a popular claim) and she could easily be awarded some of the
money.
Steve
|
799.7 | not after the fact | CSC32::HADDOCK | I'm afraid I'm paranoid | Wed Jun 17 1992 10:50 | 17 |
| re .6
If she is going to get any settlement for "loss of consortium" etc
it would have to come from the insurance company, not from the
settlement that he fought for and received.
I don't think she can go back after the fact and request a part
in income received after the divorce. The issue of the bills
and expenses appears to have already been settled.
My own feeling, admittedly based on scant evidence and clouded by
my own feelins about divorce, is that she dumped him because of
all the bills and expenses (more marriages fail because of money
problems than any other reason) and now she wants to come back
and cash in on the settlement.
fred();
|
799.8 | | SOLVIT::MSMITH | So, what does it all mean? | Wed Jun 17 1992 12:25 | 4 |
| Well, if the women was smart, she would have filed her own suit "for
loss of consortium" etc, and received her own settlement.
Mike
|