Heiner

The question posed in this appeal is whether a lump sum unallocated personal injury recovery is income, as defined by Family Code 1 section 4058, for purposes of calculating child support. We here decide (1) the entirety of an undifferentiated lump sum personal injury recovery is not income for purposes of child support, and (2) the determination as to whether some portion of an undifferentiated recovery is allocable as income must be left to the discretion of the trial judge.

In this case, the trial court correctly treated the recovery as a fund, and did not err in denying a request for allocation of a portion of the recovery as income. The court’s other mlings, regarding the parties’ respective incomes and regarding attorney fees, were also sound. Accordingly, we affirm the order.

*1517 I. PROCEDURAL AND FACTUAL BACKGROUND

George A. Heiner and Cathy J. Chandler 2 were married in May 1993 and separated in November 1994. The marriage produced two daughters. George filed a petition for legal separation on November 21, 1994. 3

A. First Trial

1. Original Order on Parenting Schedule and Child Support

It appears the parties could not reach agreement on custody,…