Connie Ellis v. Linda Swisher

Petitioner Connie Ellis appeals from the October 27, 2011, decision of the Circuit Court of Randolph County in which the circuit court denied her claim for a share in the settlement proceeds from a wrongful death action. 1 The petitioner, the former spouse of the decedent Thomas R. Swisher, 2 sought a share of the settlement yield based on her monthly receipt of payments from the decedent for a child support arrearage. 3 Because Ms. Ellis could not demonstrate that she was financially dependent on the decedent at the time of trial, the circuit court ruled that she was not entitled to a…