Are medical malpractice payments considered income for child support?

divorce attorney Jill DuffyQuestion:

I recently settled a personal injury medical malpractice lawsuit and was awarded a monthly amount of money.

Is this money from my personal injury settlement considered income to be used for the purposes of calculating child support?


In your state, the Colorado Child Support Guidelines defines income as the actual gross income of a parent. The guidelines also lists many examples of what is considered income, other than salary or wages. These guidelines vary by state so it’s important to consult an attorney in your jurisdiction.

One source of income, for Colorado child support purposes, is: “funds held in or payable from any health, accident, disability, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages.” Also included as income are workers compensation benefits, disability insurance benefits and social security benefits.

Income from lawsuits is not specifically addressed in the guidelines. This may be a gray area of law, as the monthly amount you are receiving is a replacement for wages, but is not specifically listed in the guidelines.

You should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation. Cordell & Cordell does represent men in divorce nationwide. Thank you for submitting your question.


Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

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