You need some CDA input--but seems to me that
if cause of action arose during the marriage
and as such it may have been part of the
marital pot that the settlement date sometime
later may NOT be final word to its being out
of the Division---its going to vary by law
and you want counsel to comment. Major hint
as to outcome may be would the claim if paid
earleir have been separate property or joint
property under local law?
Interesting. There is a case in local court currently regarding a husband who won something like $30 million in a lottery and didn't tell his wife. Filed for divorce and then cashed-in the ticket almost a year later. That one is still before the courts. Except for adultery and abuse cases, all divorces here have a one year mandatory waiting period before you can put in the final papers.
And it may depend on filing date which was
after separation --all beyond me..
I'm not sure which filing date you're referring to, but it's not something we're going to take extreme steps to get a part of the settlement. Most likely it is a small settlement and wouldn't be worth the expense. We're still paying of the loans for the custody lawyer, so we can't afford to put more money into an attorney right now.
Ditto as to child support formulas I suspect
to quit job won't make court pleased with
Mom--Her new assets may figure into ability
to pay--no clue how your formulas work.
They're very simplistic, actually. There's a guideline table: income versus number of children. Supposedly, the only thing that makes a difference is if the person can prove hardship. With hardship, the CS amount can be rounded down or they will do a comparison of household incomes between the two homes.
I'll have to go check and see if there are any provisions for having a large amount of funds readily available.
Thank you for your input!