Incarcerated Parent’s Tort Action Subject to Child Support
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Divorce & Family Law Child Support Accident & Injury Personal Injury
Summary: Blog post explaining how an incarcerated parent's tort claim was considered an asset for the purpose of paying child support.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
An incarcerated parent’s cause of action for personal injury constituted an asset for purposes of establishing child support obligations, even though said parent had no income and the cause of action was unliquidated.
On March 19, 2015, the Family Support Magistrate ordered the defendant father to pay child support for his minor child. The defendant father is incarcerated and has no current income. On this finding, the court ordered support based on two pending personal injury claims in favor of the defendant. The defendant appealed, arguing that it was improper for the court to use a pending claim as a primary basis for an order of current child support.
The court upheld the Magistrate order. The defendant had testified in earlier proceedings that he expected an award of approximately $300,000 from his personal injury claim. The court has repeatedly held that a claim, when manifested under common law, is as much property as any tangible possession. The plaintiff had pursued a cause of action, and by this choice, attained a property interest in the pending judgment that is subject to distribution. The court’s determination in valuing the pending claim was not improper. The record shows the defendant himself testified to the value of the claim. Moreover, the value of the claim is subject to retroactive modification should circumstances change. In this respect, the defendant’s claim, while pending, was undoubtedly subject to the magistrate’s authority to distribute for the purpose of child support.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Elizabeth Mingo v. Sadikis S. Blake, 61 Conn. L. Rptr. No. 19 714'717 (April 25, 2016)
