§2.06 Personal Injury Recoveries

The entirety of an unallocated, lump sum personal injury settlement or award is not income for purposes of child support. You may consider, however, the components of a personal injury award intended to be compensation for loss of income and loss of earning capacity as income for child support, but the burden of proving this allocation lies with the party requesting it. Similarly, the party wishing to exclude some allocable portion for pain and suffering or future medical costs bears the burden of presenting sufficient evidence for that determination. [Marriage of Heiner (2006) 136 CA4th 1514, 1524-1525.]