what to do if someone ignores a subpoena

[dtkloc]

What is the name of your state (only U.S. law)? VA

I am trying to get my child support adjusted as my ex received a large inheritance recently. I know if Virginia that is counted as income for the purpose of computing child support. I had filed for a hearing with the court and sent a subpoena duces tecum to the executor of the estate. He has not responded to subpoena. What do I do now? Do I have to wait until my court date and tehn bring it up that the executor did not respond or do I have to file something now and if so what? Thanks

 

[Ohiogal]

What is the name of your state (only U.S. law)? VA

I am trying to get my child support adjusted as my ex received a large inheritance recently. I know if Virginia that is counted as income for the purpose of computing child support. I had filed for a hearing with the court and sent a subpoena duces tecum to the executor of the estate. He has not responded to subpoena. What do I do now? Do I have to wait until my court date and tehn bring it up that the executor did not respond or do I have to file something now and if so what? Thanks

Where is the executor located? In VA? And why can't you go to the probate court and see how the estate was divided?

 

[LdiJ]

What is the name of your state (only U.S. law)? VA

I am trying to get my child support adjusted as my ex received a large inheritance recently. I know if Virginia that is counted as income for the purpose of computing child support. I had filed for a hearing with the court and sent a subpoena duces tecum to the executor of the estate. He has not responded to subpoena. What do I do now? Do I have to wait until my court date and tehn bring it up that the executor did not respond or do I have to file something now and if so what? Thanks

Generally, a one time economic event itself is not going to count as income for child support. Income produced from that one time economic event however, is another story.

For example, lets say that a parent inherits a business. The value of that business is not going to be income for child support purposes, but any ongoing profits from that business would be income for child support purposes.

 

[Mark Maroon]

What is the name of your state (only U.S. law)?I am trying to get my child support adjusted as my ex received a large inheritance recently. I know if Virginia that is counted as income for the purpose of computing child support. I had filed for a hearing with the court and sent a subpoena duces tecum to the executor of the estate. He has not responded to subpoena. What do I do now? Do I have to wait until my court date and tehn bring it up that the executor did not respond or do I have to file something now and if so what? Thanks

I don't know specifics in VA, nor what court you filed for a hearing in, nor what sort of hearing you filed for, so I am just talking in generalities here...

I assume that you are somehow requesting that the court which originally set the child support revisit that decision in light of your ex's inheritance. I assume as well that the subpoena you sent to the executor of the estate was under or associated with that original child support court case docket. I would think generally that you would file a motion to compel a response to the subpoena, and somehow schedule the motion to compel with the court, and then send a copy of the motion to the executor of the estate that you sent the subpoena to so that they know there will be a motion to compel a response to the subpoena and the date/time that it will be heard by the court.

 

[dtkloc]

Generally, a one time economic event itself is not going to count as income for child support. Income produced from that one time economic event however, is another story.

For example, lets say that a parent inherits a business. The value of that business is not going to be income for child support purposes, but any ongoing profits from that business would be income for child support purposes.

according to the case i found Record No. 1916-98-2
inheritance is considered for child support

 

[Zigner]

according to the case i found Record No. 1916-98-2
inheritance is considered for child support

Inheritance is considered a gift which is considered as irregular income. That is true. HOWEVER, the court may choose to not factor it in to the calculations based on other considerations. For example, an inheritance is income, and needs to be included in the gross income of the recipient, but it is one-time income. So, it should be added in as income and then can be "off-set" based on the fact that it won't continue. The judge in the case you cited did things wrong by not including the inheritance as gross income in the first place, but could have easily have included it, but then ruled that it specifically wouldn't be factored in to the final numbers.

In other words, the end result would/could have been the same.


In YOUR case, the judge will want to include the income, but then rule that it won't be considered in the calculations because of the fact that it's a one-time occurrence.

 

[Mark Maroon]

Inheritance is considered a gift which is considered as irregular income. That is true. HOWEVER, the court may choose to not factor it in to the calculations based on other considerations. For example, an inheritance is income, and needs to be included in the gross income of the recipient, but it is one-time income. So, it should be added in as income and then can be "off-set" based on the fact that it won't continue. The judge in the case you cited did things wrong by not including the inheritance as gross income in the first place, but could have easily have included it, but then ruled that it specifically wouldn't be factored in to the final numbers.

In other words, the end result would/could have been the same.

In YOUR case, the judge will want to include the income, but then rule that it won't be considered in the calculations because of the fact that it's a one-time occurrence.

I admittedly don't know this area of law, but...

What you say makes sense to me if the "irregular one-time income" is an inheritance of $10,000.00 in cash, but if it was an inheritance of $10,000,000.00 in cash or a similar payout from a lottery winning, then I think a judge might consider it in the calculations for child support - despite it's one-time occurrence.

 

[Zigner]

I admittedly don't know this area of law, but...

What you say makes sense to me if the "irregular one-time income" is an inheritance of $10,000.00 in cash, but if it was an inheritance of $10,000,000.00 in cash or a similar payout from a lottery winning, then I think a judge might consider it in the calculations for child support - despite it's one-time occurrence.

Right - the judge is able to factor it in based on the character of the income on a case-by-case basis.