QUESTION
Can my divorce decree be modified so I can receive part of my ex husband's personal injury claim?
Asked on Jun 25th, 2013 on Divorce - Texas
More details to this question:
Divorce decree states. "I shall receive 45% of my EX workmans comp claim within 14 days of him receive settlement. His failure to timely pay me will result in me collecting interest at the statutory rate. Finally in addition to 45% of work comp claim. I shall receive 45% of any settlement filed with CAR INSURANCE". I just learned he also hired an attorney to handle the personal injury part. Can I modify my divorce decree to include that I receive 45% of the personal injury case since its considered marital property? The work comp claim has not been settled, nor has the personal injury case all which was filed before divorce was finalized. However, he did receive a settlement for medical from our CAR INSURANCE company. He received settlement for medical October 2009. Can I collect interest for each day that has past or each year how does that work? I'm a little confused. Can I only collect interest from work comp claim or both work comp claim and car insurance claim if he doesn't pay me right away?
3 ANSWERS
You may be able to collect both but it depends upon the nature of the claim.
Answered on Jun 25th, 2013 at 9:20 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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In Nevada funds received from a personal injury claim (except for lost wages) and disability payments are separate property.
Answered on Jun 25th, 2013 at 9:19 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A final Decree of Divorce cannot be modified with respect to property matters. Your rights concerning the division of property are defined by the terms of the Decree. If, however, there were any assets that were not divided by the terms of the Decree, you and your ex continue to jointly own them and the court can divide them.
Answered on Jun 25th, 2013 at 9:34 AM