ceara19 said:
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