Payments to noncustodial mother from annuity established by settlement of personal injury lawsuit arising from car accident she was sixteen years old could be excluded from gross income for child support purposes; dispersing the settlement in form of an annuity did not change the underlying character of the source, a personal injury settlement, mother’s settlement was not apportioned as to the nature of the damages, and nothing in the record indicated that the settlement involved compensation for lost wages or lost income, particularly in light of the fact that mother was a minor at the time of the accident.
http://www.courts.state.va.us/opinions/opncavwp/1857132.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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