Personal Injury Settlement Income and Setting Child Support

When a noncustodial parent receives personal injury settlement do not assume the settlement funds are not income for purposes of child support. In a recent Illinois appellate decision the court found the net proceeds from a noncustodial parent’s personal injury settlement as income for child support purposes.

Personal Injury Settlement: Damages for Pain and Suffering and Disability Relevant to Child Support?

Net Proceeds from a Personal Injury Settlement Attributable to Damages for Pain and Suffering and Disability is Income for Child Support Purposes

Cara requested the trial court not consider any part of her personal injury settlement as income for the purpose of setting child support. Cara suggested the court should find that monies she received for pain and suffering should not be considered as income because it is intended to compensate the injured party. Her argument was essentially that the monies weren’t to pay her back because she couldn’t work (lost wages), but it was to compensate her for the pain and suffering she received in the accident.

Trial Court Decision

Net Proceeds from Personal Injury Settlement as a Gain to the Noncustodial Parent

Illinois Defines “Income” Broadly for Purposes of Child Support

Personal Injury Awards Increase One’s Ability to Support a Child

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