Texas Full and Final Waiver and Release of All Claims in Personal Injury Suit involving a Minor
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How to fill out Full And Final Waiver And Release Of All Claims In Personal Injury Suit Involving A Minor?
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FAQ
Filing a child support lien is governed by the Texas Family Code, Sections 157.311 through 157.331. Pursuant to the statute, the lien attaches to any settlement or proceeds of any claim for compensation. This includes claims for personal injury.
A parent can never spend any money from a child injury settlement without court approval. This is true even if the parent intends to use that money for the child. Unfortunately, the reason court approval is required is because there are some parents who may misuse the funds on themselves.
Liability waivers can be enforced in Texas if they satisfy certain requirements, including that the waiver provides fair notice to anyone signing it that they are relinquishing certain rights in exchange for being permitted access to or use of the premises, activity, product or equipment, or service.
Access to a child's settlement money is dependent on who is awarded the money, which is determined either in the settlement agreement or by the court. If the parents are awarded the settlement, sometimes the court will mandate what that money can be spent on (food, water, shelter, clothing, health, etc.).
The money your child will net from the settlement cannot be paid to the parent. It must be either placed in the registry of the court or used to buy an annuity, also known as a structured settlement.
Under these circumstances, the parties will file a friendly lawsuit and ask the assigned court to set a minor settlement hearing to allow the judge to review and approve the terms of the settlement. Once the settlement is approved, the plaintiff will then dismiss the case.
Filing a child support lien is governed by the Texas Family Code, Sections 157.311 through 157.331. Pursuant to the statute, the lien attaches to any settlement or proceeds of any claim for compensation. This includes claims for personal injury.