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how to get a copy of claim. going thru divorce - Printable Version

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how to get a copy of claim. going thru divorce - srtdodge - 01-04-2008

Husband broke his back a few years back. I had to take care of him for months, lost money from work but the good thing is he is fine. The bad thing is, we are going thru a divorce and during the seperation found out he received his claim and never told me. need to know how to get a copy... please help and thanks.


RE: how to get a copy of claim. going thru divorce - stiffnecked - 01-04-2008

Ask him. Otherwise your attorney will probably have to subponea a copy.


RE: how to get a copy of claim. going thru divorce - jayne - 01-04-2008

He is payed for HIS lost time at work and HIS disibilty.Dont believe you are intitled to a dime of it...even uncle sam doesnt get a penny...not saying a word agaisnt you cuz I know an injury effects the whole family but thats law in most states...yours may be different check with your divorce lawyer he/she will know for sure and how to get copies.......I know there was no place on my husbands settlement where I had to sign for anything and 4 yrs later no place on mine for him to sign...most of us were very lucky and our marriages stayed intact thru WC hell.....It was your duty to care for your husband just as it would be for him to care for you if you had been the one to get hurt......WC doesnt pay pain and suffering so I doubt the payout was anywhere near what he lost in wages....Its a real shame it cost you your marriage I am sorry for you both


RE: how to get a copy of claim. going thru divorce - srtdodge - 01-04-2008

really?? even thou we've been married for over 15 years?? we live in florida and the law for divorces is split down the middle. but I did'nt know about the compensation claim. I've lost over 6 months pay taken care of him. It was really rough but I did it cause I thought we were in love. (he left me for his bosses secretary..if you can believe that one. ) found out he was having an affair with her for years. I'll have to push my lawyer more. he is dragging his feet, yeah I know I need a nother lawyer but I can't afford it...


RE: how to get a copy of claim. going thru divorce - jayne - 01-04-2008

sue her if you can ....if not catch her outside and whup her (Jayne's lame attempt to bypass the Bad Word Filter) may not change anything but sure make ya feel better...I know Admin off to the woodshed..................


RE: how to get a copy of claim. going thru divorce - jayne - 01-04-2008

just for chits and grins call Fla ombudsman and ask if you are intitled to half they would know and they are free ....go to top of page and click on state info and go there to find ombudsman number.....


RE: how to get a copy of claim. going thru divorce - srtdodge - 01-04-2008

sue her??? lolol florida state doesnt care if your spouse cheats.... they just divide every thing in half. after we seperated, in 2 months he settled his case and never told me. so he is hiding it from me..... I found that out on line, but it wont say the amount. I'm glad we seperated knowing the kind of man he has turned into...


RE: how to get a copy of claim. going thru divorce - 1171 - 01-04-2008

most settlements have to be filed with the state work comp commission.
I don't know of any jurisdictions that allow a worker's disability payments to be included as community property or considered assets for division in divorce proceedings. There maybe a legal exception somewhere that may allow it so
get legal advice.


RE: how to get a copy of claim. going thru divorce - capricorn - 01-04-2008



I was told with a denied claim that if the IW passes before the claim is won that the spouse will receive whatever was owed the deceased spouse. The living spouse is entitled to NO settlement. This is in case of death. Divorce is a whole other ball game. In my state it is a 50/50 most of the time. The fact that he hid it tells me he knows you are entitled to something. Make sure your attorney doesn't screw you. we have my husband's settlement money in a money market. I find it hard to imagine not being entitled to part of it. I supported him for 4 years through his injury. Please, please let us know when you get a legal answer. I would call one of those "first consult free" attorney's . Most of them will talk to you on the phone for 10-25 minutes and ask that one question. UGH! I hate WCSad


CAP


RE: how to get a copy of claim. going thru divorce - Bad Boy Bad Boy - 01-04-2008

A spouse is allowed 50% of the settlement in a Divorce claim. The spouse can get their 1/2 share, so don't fool yourself. 50% is mostly the set goal, unless the person is totally disabled, then the Divorce Judge may make other considerations.

But then again, if the spouse settled, and doesn't have the money, 50% of -0- equals just that= 0

But I would better think, 1 spouse is asking now for proff of Assets to be shown. For the settlement was a couple years ago. The Attorneys can obtain these records, but that doesn't mean the Funds are still around anymore.