Divorce $ ?

[Katy Belle]

So 2 people have been divorced several years. The xhusband has been paying child support to the xwife, $3000 per month. If the xhusband inherits a bunch of $ will he have to pay more child support? If the xwife inherits a bunch of money, will the xhusband get to pay less?

 

[frannn]

I could be wrong, but I don't believe an inheritance would affect a child support order. You should check with your state's laws- they may have a website you can check.

 

[patsal]

Since this new asset is post marriage it should have no effect on the amount of money from either perspective. Besides child support is based on earnings of the parent providing the support so an inheritance has no effect on that.

 

[DanielleandBrady]

that's not always true..about the inheritance..you should check your state laws..I was in a somewhat similar situation

 

[RitaE]

The wife (custodial parent receiving support) inheriting would likely not effect a child support order. Child support is a parent providing parental support to his/her child which is an obligation of all parents - regardless of the wealth of the other parent. The wife could win a $100million dollar lottery and the child would still legally be entitled to support from the father. Whether or not the newly wealthy person would want to/bother to enforce that it another question.

I'm not sure about the husband receiving an inheritance. Child support is traditionally calculated in terms of the wages/assets of the paying parent. I don't think I'm aware of any case where a parent has received a significant inheritance and the other party has used it to renegotiate child support.

 

[Katy Belle]

Interesting. Not happening to me, actually a friend of a friend. Its none of my business, I'm just curious.

 

[ancestry]

Child support law do vary from state to state.

Generally speaking the amount of child support is based on the WAGES that the non-custodial parents earns. Some states do look at the joint income of both parents and do a split that way but usually an inheritance is not able to be used for child support just as an inheritance is usually NOT considered to be a marital asset. Meaning when one spouse inherits something that the other spouse does not necessarily have a right to that inheritance. Inheritance is difference that earned wages usually.

Now if the non-custodial parent quits his or her employment to live off of the inheritance then I believe they are still obligated to pay child support but that amount would be based on what their earning "potential" would be if they were working not on the amount of the inheritance.

 

[tipsytrtle]

I can't help to wonder... 3k a month for child support? is there a lot of children!!

I receive 600.00 a month for one child here in New York State based on my DD's birth fathers middle class income (standard 17% plus a percentage to cover daycare etc)

sorry couldnt help but to be nosey

 

[Katy Belle]

3 children

 

[sydneysmom]

I know in our state ( Mississippi) it's not considered part of your "income" and therefore isn't included with figuring out child support amounts. Just as the new spouse's income / inheritance has nothing at all to do w/ figuring out child support (for the husband's children). I also know that you have to have a "change in circumstance" in order to reopen the court order for child support. You can't just go to court for increased child support unless there's a hardship or if the childs expenses have drastically increased for some odd reason. ( such as medical expenses, etc)

otherwise, people would be able to go to court each and every year on the "well maybe he got a raise, so he should pay more" idea. But it probably does vary state to state.....

 

[SandrA9810]

I feel jipped as a child. My mother recieved about $33 for each child each month. And she didn't have a job.

 

[tlbwriter]

I know in our state ( Mississippi) it's not considered part of your "income" and therefore isn't included with figuring out child support amounts.

So if someone had a really low child support order because he had a very small income (let's say $100/month) and then he won 10 million dollars, none of that money would be considered income and he could still go on paying a token amount for his children? That stinks.

 

[southern_redhead]

I think if she is getting $1000 a month per kid she should count her blessings and move on. I have a friend who has two kids, is supposed to get $90 a week (so under $400 a month), and has gotten three WEEKS of child support in 4 years. Were the woman my friend, my advice would be "Suck it up, buttercup. There are people far worse of than you." Besides, rarely do MARRIED couples split up inheritance between their children. It is assumed that they will invest it, save it, spend it on something their children will later inherit. It would be hoped that dad is doing something along those lines, but in the end HE inherited the money and (unless there is a clause to the inheritance not being posted) the person leaving it did not stipulate that he do anything with it. When my paternal grandmother died she left 2 inheritances, one to be split amongst her three children and a second to be split between 5 grandchildren. When my maternal grandmother died she left one inheritance to be split among her children, it was up to them to keep it, use it, split it among their children. ETA: sort of - my grandmother did leave me her house as I was grown, she left my mother a smaller monetary inheritance than she did my uncle who had two small children to provide for.

 

[southern_redhead]

So if someone had a really low child support order because he had a very small income (let's say $100/month) and then he won 10 million dollars, none of that money would be considered income and he could still go on paying a token amount for his children? That stinks.

It doesn't necessarily stink. Who says he wouldn't use that money to buy them things, take them places, etc...? Just because s/he doesn't dole it out to the other parent to use as *they* see fit doesn't mean it stinks. It is often very hard to trust the other parent to "do the right thing" (I totally get that, I would have a hard time letting go of that control if DH and I divorced) but sometimes that's just the way it is.

 

[tlbwriter]

It doesn't necessarily stink. Who says he wouldn't use that money to buy them things, take them places, etc...? Just because s/he doesn't dole it out to the other parent to use as *they* see fit doesn't mean it stinks. It is often very hard to trust the other parent to "do the right thing" (I totally get that, I would have a hard time letting go of that control if DH and I divorced) but sometimes that's just the way it is.

If we could simply trust people to do what was right, there would be no need for court-ordered child support at all.

I'm specifically thinking about someone whose child support was a token amount because of their low income, who suddenly has a large amount of money available. Not someone who was already paying a reasonable amount to help support their children.

 

[SoonerSarah]

I know someone going through a divorce currently, things are not finalized, but currently the wife will have to pay the husband who has refused to work or take care of the children for the last four years a sum of $10,000 a month for alimony. Child support/custody is currently not worked out. Thankfully, she will evidently only have to pay the alimony for two years.

So while I think $3000 is an outrageous amount, it could be worse.

 

[2disneyboys]

I agree w/ others that it depends on state law etc. I do know that here in Va, a friend of mine was in a similar situation. they were divorced, had court ordered child support of like $2000 (never paid a dime of it), years later, he inherited something like $250,000... well it did not affect the amount of child support he paid monthly, however, CPS (or whoever they are) did "suck" quite a bit of that money out of his account and used it to bring his child support payments current (he was behind by like $50,000.)

so if he's not current, atleast they ought to be able to get him current at that point! (maybe?)

 

[snow88]

I know someone going through a divorce currently, things are not finalized, but currently the wife will have to pay the husband who has refused to work or take care of the children for the last four years a sum of $10,000 a month for alimony. Child support/custody is currently not worked out. Thankfully, she will evidently only have to pay the alimony for two years.

So while I think $3000 is an outrageous amount, it could be worse.

wow to both. I'm in court every month for child support ($500pm) and still have just received $450 since last year September.

 

[sydneysmom]

So if someone had a really low child support order because he had a very small income (let's say $100/month) and then he won 10 million dollars, none of that money would be considered income and he could still go on paying a token amount for his children? That stinks.

that's my understanding, yes. Before my DH and I got married he called his attorney and asked all of these questions because the "what if's" concerned me. Could his ex try for more because of my income or if I got an inheritance, etc . If he wins the lottery, it's considered "winnings" which are not normal income. And I'm sorry, but if that woman is getting $ 3,000 a month in child support, that is hardly "a token amount " that he's paying.

People forget that sometimes the ex is extremely greedy. It's not always the case where the men are crap. Trust me, my DH gives pays his fair share in child support but what people also don't account for, is that we also pay 100% of daycare when she is in our care, 100% of clothing and food costs for her at our home, 100% of supplies that she needs (for whatever). WE don't get half of that nor do we get to deduct that from child support. In our case, she moved in order to drastically lower her expenses. She uses the money on herself, not on my step daughter. It's extremely upsetting. Just because this man wins a lottery or gets an inheritance does not make it fair game for the ex to demand. This is NOT what he earned from his income from work. Child support is a % of your earned income.

 

[tlbwriter]

And I'm sorry, but if that woman is getting $ 3,000 a month in child support, that is hardly "a token amount " that he's paying.

I didn't say $3000 was a token amount. I said, what if someone IS paying a token amount. In fact, I specifically mentioned $100/month as an example.