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Conference quark::mennotes-v1

Title:Topics Pertaining to Men
Notice:Archived V1 - Current file is QUARK::MENNOTES
Moderator:QUARK::LIONEL
Created:Fri Nov 07 1986
Last Modified:Tue Jan 26 1993
Last Successful Update:Fri Jun 06 1997
Number of topics:867
Total number of notes:32923

799.0. "Settlement Issue" by --UnknownUser-- () Tue Jun 16 1992 14:48

T.RTitleUserPersonal
Name
DateLines
799.2Hard to call. Was divorce already final.CSC32::HADDOCKI'm afraid I'm paranoidTue Jun 16 1992 16:4020
    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();
799.3SOLVIT::MSMITHSo, what does it all mean?Tue Jun 16 1992 18:467
    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
    
    
799.4MILKWY::ZARLENGAumm, dan, there's no e in potatoWed Jun 17 1992 00:377
    
    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.
799.5UpdateESKIMO::FISHERWed Jun 17 1992 08:3213
    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
    
799.6QUARK::LIONELFree advice is worth every centWed Jun 17 1992 10:325
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
799.7not after the factCSC32::HADDOCKI'm afraid I'm paranoidWed Jun 17 1992 10:5017
    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();
799.8SOLVIT::MSMITHSo, what does it all mean?Wed Jun 17 1992 12:254
    Well, if the women was smart, she would have filed her own suit "for
    loss of consortium" etc, and received her own settlement.
    
    Mike