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effect of custodial parents 100,000 inheritence on child support

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sbg

Junior Member
undefinedWhat is the name of your state? california. Two questions. If I try to modify support becasue one son has lived with me since June 2004 1) will I have to pay for my ex wife's forensic accountant (I have my own business) and attorney fees and 2) what is the effect of her 100,000 inheritance in 2004?
 


king sol

Member
You should not have to pay the other parties fees. Your modification is due to a change in circumstance. Especially, if there is an additional $100,000 to utilize, certainly no hardship!

I found this information concerning your inheritence question....

The Fifth District found that the trial court committed error when it ignored the reduction in living expenses that resulted from the payer’s having paid off debts and mortgages with a sizable inheritance. The court indicated that the reduction in living expenses warranted a departure from guideline support. The court noted that an inheritance or one-time gift is not income for child-support purposes, but interest, rent, dividend or other yield from those things should be considered as such.. In addition, the trial court has discretion to, but need not, impute income to the payer based on the interest that the inheritance might have yielded if it had been invested. County of Kern v. Castle (1990) 75 CA4th 1442. Similarly, a court must consider the value of rent-free housing and meal allowance in making a child support order. Stewart v Gomez (1996) 47 CA4th 1748.
 

sbg

Junior Member
To King Sol

undefinedCALIFORNIA WHAT ABOUT PAYING FOR HER FORENSIC ACCOUNTANT TO GO THROUGH MY BOOKS? mY WIFE AND i OWN A BUSINESS; WE ARE EMPLOYEES AND TAKE A PAYCEHCK. w2'S PER TWO ATTORNEYS DISSOS ARE THAT i ONLY HAVE TO PAY 600 SOME ODD DOLLARS FOR THEONE BOY-THERE ARE NO PERKS TO SPEAK OF SO A THINK AN ACCOUNTING WOULD YIELD LITTLE, IF ANYTHING AND IF ANYTHING IT WOULD HAVE TO BE DIVIDED BY TWO BECASUE MY CURRENT WIFE IS THE CFO (AN ATTORNEY BY TRADE, ALTHOUGH NOTA FL ATTORNEY).
 

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