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Sean Carling · Jan 4, 2013, 10:01 AM

I sustained a subdural hematoma and broken arm while under doctor/hospital supervision, as a result I had 3 surgeries for the hematoma,well I retained a lawyer and suit is being filed against those involved,my question is hopefully I can find an answer-is my dependent child that does not live with me and that I do not pay c/s because he receives a stipend from my ssd that is greater than c/s required entitled to receive money,if my suit is won??

JudyKayTee · Jan 4, 2013, 10:03 AM

I'm in NY - the answer here is no. Child support is based on income, not assets. The "pain/suffering" part of your lawsuit is non taxable; therefore, it is not income.

If your child is existing on SS benefits, wouldn't you want to raise his/her standard of living through your settlement?

Sean Carling · Jan 4, 2013, 10:12 AM

Originally Posted by JudyKayTee

I'm in NY - the answer here is no. Child support is based on income, not assets. The "pain/suffering" part of your lawsuit is non taxable; therefore, it is not income.

If your child is existing on SS benefits, wouldn't you want to raise his/her standard of living through your settlement?

That would be fine if his mother and new husband,would not be using the money for their benefit. She had already taken me for around 20,000.00 in child support payments when my child was receiving an ssd stipend over required c/s amounts,that she claimed she did not receive,it wound up in court I am no longer required to pay her c/s because of this but the c/s I overpaid I cannot get back,my lawyer said I will have to give the child a percentage??

excon · Jan 4, 2013, 10:19 AM

Hello S:

If it's NOT child support, and it ISN'T, then you don't have to send it to the mother... Open a joint bank account with him and put the money in there.

excon

smoothy · Jan 4, 2013, 10:23 AM

Originally Posted by excon

Hello S:

If it's NOT child support, and it ISN'T, then you don't have to send it to the mother... Open a joint bank account with him and put the money in there.

excon

Or put it in a trust fund for the child... if that's a legally acceptable alternative... it accrues interest and it keeps their mitts off it.

JudyKayTee · Jan 8, 2013, 12:38 PM

I got a "reddie/disagree" for my answer about whether settlements specifically for pain and suffering are taxable. The "reddie" disagrees with me and refers to IRS Section 104(a)(2). I would suggest that the person who gave me the rating re-read the Statute. Awards folr pain and suffering are NOT taxable - that is why settlement awards are structured in very specific language.

[url=http://www.weitzlux.com/irs_918.html] explains this very clearly.

Another example of a "reddie" when the person disagreeing is incorrect and gives a reddie rather than posting the reason for the "disagree" on an open board - probably for fear of contradiction.

smoothy · Jan 8, 2013, 01:27 PM

Originally Posted by JudyKayTee

I got a "reddie/disagree" for my answer about whether settlements specifically for pain and suffering are taxable. The "reddie" disagrees with me and refers to IRS Section 104(a)(2). I would suggest that the person who gave me the rating re-read the Statute. Awards folr pain and suffering are NOT taxable - that is why settlement awards are structured in very specific language.

[url=http://www.weitzlux.com/irs_918.html] explains this very clearly.

Another example of a "reddie" when the person disagreeing is incorrect and gives a reddie rather than posting the reason for the "disagree" on an open board - probably for fear of contradiction.

Obviously dished out to you by someone who hasn't taken the time to read the site rules... in the whole week and a half they have been a member here.