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If the parent who is paying child support receives a lawsuit are his children entitled to a %?

Q: My kids father will be getting a settlement and I’m wondering whether my kids will be given a portion of it by law? Supposedly what he owes in arrears will be paid through this also.

A: David’s Answer: It depends on how the settlement is structured. If it’s 1 lump sum, you MAY be able to argue it should be considered as a factor in determining overall support (on an argument of “unjust & inappropriate”). If its broken down as monthly installments, you’d then have a much better argument that it should be considered as income. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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