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  1. #1
    pcdunham is offline Junior Member
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    Inheritance impact on child support

    My ex just inherited a large amount of money ($500,000) - can I use this to get my child support amount modified?
  2. #2
    critterperson is offline Member
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    Quote Originally Posted by pcdunham
    My ex just inherited a large amount of money ($500,000) - can I use this to get my child support amount modified?
    Where do you live?....State laws vary from state to state.....The more info you can provide the better...It makes it easier to help you!
  3. #3
    ceara19 is offline Senior Member
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    Quote Originally Posted by pcdunham
    My ex just inherited a large amount of money ($500,000) - can I use this to get my child support amount modified?
    No, you cannot use the fact that your ex inherited money as an excuse to modify support. Inheritance is not income. If the money is invested and an income is earned from that investment, it may have an effect on CS. Do you pay or receive the CS?
  4. #4
    critterperson is offline Member
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    Quote Originally Posted by ceara19
    No, you cannot use the fact that your ex inherited money as an excuse to modify support. Inheritance is not income. If the money is invested and an income is earned from that investment, it may have an effect on CS. Do you pay or receive the CS?

    Sorry, but in this instance you are wrong some states do allow for this to affect child support....In Illinois Inheritance can be used as income in determining child support...Because had the family stayed together the child would have benefited....you Learn something new everyday**************..
  5. #5
    Litigation! is offline Senior Member
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    Quote Originally Posted by ceara19
    No, you cannot use the fact that your ex inherited money as an excuse to modify support. Inheritance is not income. If the money is invested and an income is earned from that investment, it may have an effect on CS. Do you pay or receive the CS?

    My response:

    The problem with this thread is that our writer failed to follow the site instructions by failing to give us her State name, thus, she's unable to obtain accurate information.

    However, the bigger problem is when people, like Ceara19, give out completely incorrect information.

    For example, if our writer was from California, then in calculating a parent's annual gross income for child support, the court has discretion to impute income based on an inheritance (or gift) corpus or on interest a lump-sum cash inheritance (or gift) could have earned if invested; this is so even if the parent has entirely exhausted the corpus. [County of Kern v. Castle, supra, 75 Cal.App.4th at 1453-1454, 89 Cal.Rptr.2d at 882]

    Children are entitled to share in both parents' standard of living (Ca Fam 4053(a),(f) & (g). The noncustodial (obligor) parent's enhanced wealth often itself will be ground for increasing the child support level. [See County of Kern v. Castle (1999) 75 Cal.App.4th 1442, 1454-1455, 89 Cal.Rptr.2d 874, 882-883 (after issuance of temporary child support order, obligor's standard of living substantially increased by $1 million inheritance)]

    This is just a "taste" of what could happen IF our writer was concerned with a California situation.

    IAAL
  6. #6
    pcdunham is offline Junior Member
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    State is Connecticut inheritence impact on child support

    I am sorry about leaving off the state - the state is conneticut - I receive the child support (do not pay it). I did read in the CT child support law that excess property and assets can come into play (as an exception) when dealing with child support - but it didnt say anything about how it might be calculated

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