Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, December 27, 2013

Case considers effect of family law issues on structured settlements

From Canada's Law Times:

A judge has rejected a mother’s claim to have her paralyzed ex-husband’s support payments based on the entire damages award received through a structured settlement.

The Superior Court of Justice decision confirms that damages awarded for medical costs don’t count as income for the purpose of calculating spousal and child support payments.

Daniel Mason and Jennifer Mason separated in February 2012 and have joint custody of their two young daughters, according to Justice Helen Pierce’s decision this fall inJennifer Lyn Mason v. Daniel Mark Mason.

Daniel suffered a severe injury in a motor vehicle accident when he was 17 that left him paralyzed from the waist down and with compromised functioning of his upper arms and hands.

The court issued a damages assessment of which roughly a third, or $600,000, was for his loss of earning capacity.

The rest of the award was mainly for the costs of his ongoing care.

For family support purposes, he put his annual income as $117,415, nearly all of which was from the settlement.

For the text of the full article, click here.


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