Is inherited money considered in child support calculation?

[ProSeDadAi]

What is the name of your state? Tennessee
I have a 50/50 parenting time agreement with the parent of my child, with no child support to pay
However the past year she took a few months out of state to settle the estate of her father who died and left her a lot of money.

We are supposed to redo the parenting plan to reflect a change in the parenting time since she's not keeping up her 50%, however she said I wont be able to get any child support from her because she hardly earned any money this year. But of course it was because she took a break from her job to settle the estate of her father, from which she inherited a ton of money.

Is that money she inherited subject to consideration for child support, considering she dropped her normal paycheck in order to secure that?

You can likely include inheritance money in child support calculations if your ex reduced her income specifically to settle an estate that resulted in substantial inheritance. In Tennessee, child support is calculated based on both parents' incomes, and courts can consider all sources of income including investments, dividends, and potentially inheritance if it produces income. Since she voluntarily reduced her normal earnings to secure a significant inheritance, a court may impute her previous income or consider the inheritance as part of her financial resources when calculating support.

Tennessee courts calculate child support using the Income Shares Model under Tennessee Code Annotated § 36-5-101, which considers both parents' ability to provide financial support. When a parent is voluntarily underemployed or unemployed, courts can "impute" income based on what they could reasonably earn. In your case, since your ex-partner voluntarily took time away from her regular employment specifically to settle an estate that benefited her financially, this creates a situation where the court has authority to look beyond her reduced current earnings.

Tennessee's child support guidelines (Tenn. Comp. R. & Regs. 1240-2-4-.04) define "gross income" broadly to include "all income from any source," which can include investment income derived from inherited assets. While the inheritance principal itself might not be directly counted as income, any interest, dividends, or other returns generated by those inherited funds would typically be included in the income calculation for child support purposes.

The key factor here is that your ex-partner made a deliberate choice to reduce her regular income in order to secure a substantial financial gain. Under Tennessee Code Annotated § 36-5-101(e)(1)(A), the court must consider "all sources of income and assets of each parent" when determining child support obligations. Additionally, courts have discretion to deviate from standard guidelines when there are "significant assets" that affect a parent's financial situation.

If you pursue this matter, you should document the timeline showing when she reduced her employment, her previous earnings history, and any information you have about the inheritance amount or resulting income. The court might request financial disclosures to determine the full picture of her financial resources.

In court, you might say something like: "Your Honor, under Tennessee Code Annotated § 36-5-101, child support should reflect both parents' ability to provide for our child. The other parent voluntarily reduced her income specifically to settle an estate that has substantially improved her financial position. While her reported earnings are temporarily low, this was a strategic choice that resulted in significant financial gain through inheritance. I believe the guidelines allow the court to consider these circumstances when determining appropriate support for our child."

Be prepared for her to counter that inheritance itself is separate property not subject to division in divorce proceedings. However, the issue here isn't property division but rather her overall financial resources and ability to contribute to child support. Tennessee courts distinguish between these concepts.

Also, if your parenting time has increased because she's not maintaining her 50% share, this should be reflected in any updated child support calculations, regardless of the inheritance issue. Child support in Tennessee is partly based on the number of days each parent has the child, so any significant change in the actual parenting schedule should trigger a recalculation.

1. Have you documented the actual number of days your child has been with each parent over the past year to show the deviation from the 50/50 agreement?
2. Do you have any information about the approximate value of the inheritance or any income it might be generating?
3. Do you know what your ex-partner's regular employment and income were before she took time off to settle the estate?
4. Would you like guidance on filing a petition to modify the existing parenting plan and child support order?

Not legal advice. Verify accuracy.