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does my husband have a claim to this $?
background:
23 months ago there was a car accident. I was injured, I spent thousands in medical bills (out of pocket; about 3K, maybe $3200)
We were reimbursed for the car being totaled & are awaiting "pain & suffering/medical" monies.
So i'm divorcing my husband, now before I'm reimbursed my money. I couldn't wait.
Does he have a right to my pain & suffering money?
He wasn't injured, he wasn't even in the car.
I ask b/c my "attorney" is his brother & my ILs are very afraid of me, and I think it seems very fishy if my husband is as poor as they claim he is...they asked me for money (I have no job & anything worth $ in the house he took)
4 Answers
- spinnerLv 41 decade agoFavorite Answer
as long as the settlement comes after the divorce decree is granted he has no claim to the money. legally he has no claim anyway but he could file for a portion of it if you get your settlement before the divorce is final and then it would be up to the court. Be aware that you never get what you ask for in a settlement unless there is permanent crippling injuries or death. Sometimes it only amounts to 10-20% of the actual amount you sue for.
- Anonymous1 decade ago
His brother cannot represent you. That is a conflict of interest. If he provided you with home care while you were recovering then he may be entitled to some. Outside of that he has NO claim to any of the money. Get a new lawyer. He already should have turned you down and told you of the conflict of interest.
- slomkaLv 44 years ago
i've got faith that's based upon countless issues... has he been claiming them interior the previous? Do you have a court docket order which designates which verify is to declare the youngsters? etc. in my opinion, in the journey that your no longer working and that i assume are amassing assistance, then sure.. he could have the skill to declare them as he helps to assist the two you and your babies at the same time. returned, that's merely my opinion and you're able to could make certain with the courts in case you all are dealing with family individuals court docket, in any different case in the journey that your no longer working i does no longer think of you ought to declare them.
- Anonymous1 decade ago
No, he doesn't, but if you are fool enough to have his brother as your lawyer then you'll probably end up with nothing anyway.