Category: Family Law

personal injury child support

Will My Personal Injury Settlement Affect My Arkansas Child Support Payments

your injury settlement may affect your child support obligations
Child support obligations may be affected by your personal injury income

Following the decision of your personal injury lawsuit, you must bring up to date the Arkansas office of child support. Subsequently, the income you’re compensated in your settlement may affect your child support obligations. There are numerous potential complicating aspects, nonetheless, so it’s wise to talk to a family lawyer. Your attorney can advise you with regards to your legal rights and obligations. What follows is some general information that could be to your benefit on this subject.

A Settlement Award as Personal Income

Many states address the earnings from the compensation for pain and suffering like a personal income to use at least in some measure to cover supporting your children. In Arkansas, everything established to be “income” is subject to the child support guidelines. Ark. 36

Overdue Payments

After the exceptional suffering of any severe injury, delinquent child support obligations could add to one’s level of stress. Having said that, you’re by law required to meet your financial obligations to your kids. Once you collect your personal injury payout, you could be required to apply some or the entire thing for child support payments.

Your Personal Injury Award and Child Support

Should your injuries leave you not able to work plus the personal injury award consists of recovery of your lost income, that part you recover for income might be deemed regular income.

  • The percentage of your settlement award from the insurance company that will go toward paying child support will likely be the same as your normal earnings percentage.
  • A family law attorney will tell you how much of your personal injury award may go toward your doctor bills and other expenses and just how much should be given out for supporting your children to the custodial parent

Upcoming Child Support Installments

Payment gained due to a jury judgment and even out-of-court settlement is typically thought to be income, at least partly.

Often personal injury income according to Arkansas law is the same as regular income
Your settlement earnings will probably be treated normal income that will go toward paying Arkansas child support
  • If the earnings are significant, it could possibly modify the sum of money you’re required to pay for child support into the future.
  • This may, in particular, be true if the amount incorporates reimbursement apart from medical bills.
  • After reviewing your case, Lisa Douglas offers legal advice and will outline precisely what you’ll be required to pay with regards to your Arkansas child support.  Zero cost consult.  (501) 798-0004/ out the form.  Your contact information is private.

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Grandparent Rights to Visitation

A family is not simply composed of parents and their children. Often, grandparents are a cornerstone in the upbringing of a child, and want to ensure they will always be assured a place in the lives of their grandchildren. It used to be the case that grandparent’s visitation relied solely on the outcome of divorce proceedings and agreements between the parents and their legal status in the aftermath. In many states, however, the courts and the state legislature have determined that grandparents and great-grandparents are entitled to fight for visitation and custody rights to their grandchildren, granted they meet certain requirements and guidelines. Child custody is one of the cornerstones of family law, and skilled child custody lawyers Arizona can count on believe grandparents should have every right to see or obtain custody of their grandchildren if they so deserve. Today, we will examine some of the requirements for visitation in some states, as well as the custody rights of grandparents later on.

Grandparents Visitation Rights

Visitation, in its most basic form, is the time a child or children spend with a parent or other family member who does not have the majority custody. This is often the case with parents who do not have joint or equal custody, and the parent with whom the child does not live may be granted visitation time, depending on court proceedings and the terms of a separation or divorce agreement. Grandparents also have visitation rights to their grandchildren, thanks to some legal changes by some state legislatures.

In terms of grandparent or great-grandparent visitation, the court will determine if interaction of the child and the grandparent will be in the best interest of the child at question. The grandparent must first petition the court to hear the case. When it comes before the judge, he or she will examine three important factors and if any of these three apply, they will be considered, as well as determining what would be in the best interest of the child. The list of applicable situations includes:

  • The child’s parents have been divorced for a minimum of three (3) months
  • A child’s parents have been missing or deceased for at least three (3) months
  • The child was born out of wedlock (meaning the parents were not married)

These three items are determinants in deciding if the interaction would be optimal for the child. However, there is another list of requirements that come into play when figuring out the best interests of the child, which is comprised of things like:

  • The motivation of the requesting party (the grandparent)
  • The amount of time requested for visitation and how that may impact the rest of the child’s everyday activities
  • The track record and history of the relationship between child and grandparent
  • The motivation and reasoning of the parent denying visitation
  • The benefits of maintaining a relationship with extended family

These five criteria are used to determine what is best for the child. When considered in conjunction with the situation of the parents and children, grandparents can make a strong case for how their continual and growing involvement in a child’s life will be beneficial. Though these are not the only factors, they are the baseline for any case or petition a grandparent will bring to the court.

It is important to remember that visitation comes into play when the parent related to the grandparent has not lost their legal rights to child custody or parentage of the children. For example, if a father does not have any visitation rights to his children, then the paternal grandparents will encounter many more obstacles, as visitation petitions rely on legal status of parents, which translates to a grandparent’s legal status. However, when legal status causes issues, there are other options in those cases, such as filing for third party visitation.

Visitation rights for grandparents can be a difficult issue on which to make a quality determination. If you are a grandparent and are seeking proper visitation rights for your grandchildren, you need to employ a quality family law firm to ensure you get the best outcome possible.

Thanks to our friends and contributors from Hildebrand Law for their insight into grandparents rights and visitation.