Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2005
    Location
    SD
    Posts
    31

    Default Child Support And Inheritance

    I just learned that my wife, whom I have been trying to divorce for 5 years now, just inherited 2 million dollars. I am currenlty paying $3200 a month in support (child and spousal) which is a whopping 85 percent of my salary. The divorce is not final although the final hearing was in April of this year. The judge has simply made no final decision to grant the divorce even though in the final hearing he awarded my wife who comes from a very wealthy family ALL of the assets ($400K)

    In light of my wife receiving the sizeable inheritance, in the state of VA what is the liklihood of my support being reduced? Where do I find information on this. I currently am living on $600 a month after I pay support. I had to sell my car to get money to live and ride the bus and move into a room in a friend's basement because I could not afford my own place.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,068

    Default Re: Child Support And Inheritance

    Her inheritance has no bearing on the amount of child support you will pay.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,624

    Default Re: Child Support And Inheritance

    To the extent that her means (or your relative means) were a relevant factor in the setting of spousal support, the court may revisit that order based upon the windfall. You should not expect the child support order to change. Given the payment you describe, it is all-but-certain that you are paying not just toward the current obligation but also toward a large arrearage. Her inheritance or any prospective modification of spousal support will not affect the arrearage.

    There's also something going on here which you didn't describe - either extreme fault on your part, or extreme hardship on her part (e.g., being unable to work due to physical disability), which the court is going to consider.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Child Support And Inheritance

    Quote Quoting SD
    View Post
    I just learned that my wife, whom I have been trying to divorce for 5 years now, just inherited 2 million dollars. I am currenlty paying $3200 a month in support (child and spousal) which is a whopping 85 percent of my salary. The divorce is not final although the final hearing was in April of this year. The judge has simply made no final decision to grant the divorce even though in the final hearing he awarded my wife who comes from a very wealthy family ALL of the assets ($400K)

    In light of my wife receiving the sizeable inheritance, in the state of VA what is the liklihood of my support being reduced? Where do I find information on this. I currently am living on $600 a month after I pay support. I had to sell my car to get money to live and ride the bus and move into a room in a friend's basement because I could not afford my own place.
    You need to speak to an attorney. No one should be paying more that a max of 65% of thier income in support. I don't think that the inheritence would affect the support, but a local attorney can advise you on that also.

  5. #5
    Join Date
    Nov 2005
    Location
    SD
    Posts
    31

    Default Re: Child Support And Inheritance

    Quote Quoting aaron
    View Post
    To the extent that her means (or your relative means) were a relevant factor in the setting of spousal support, the court may revisit that order based upon the windfall. You should not expect the child support order to change. Given the payment you describe, it is all-but-certain that you are paying not just toward the current obligation but also toward a large arrearage. Her inheritance or any prospective modification of spousal support will not affect the arrearage.

    There's also something going on here which you didn't describe - either extreme fault on your part, or extreme hardship on her part (e.g., being unable to work due to physical disability), which the court is going to consider.
    I am not in arrears. I was at one point, but I got it caught up completely by working 3 jobs. I have to pay $3200 a month total. $800 for child support and the rest in spousal support. I am left with $600 a month after that. There is NOTHING going on here other than I left and her family has a lot of money (millions) and I am an outsider whom they want to punish because by leaving her I tarnished her good name. In fact when I left, she told me that her father has connections in the court system and would make sure that I would be ruined. As so he did. This divorce is a no-fault divorce. If there had been any fault, I am sure that she would have pursued it.

    She is certainly able to work. We had a 5 acre farm that she currently manages and farm work is labor intensive. I have spoken with 11 different attorneys. No one can figure out why that I have to pay so much in spousal support when she demonstrates she can work and testified in court that she can.

    The judge has refused to take into account the income she receives from stocks and the thousands upon thousands of dollars that her parents give her each year. Her attorney's fees today are well over 100k and her parents have paid all of it.

    I am hoping against hope that the inheritance will make a difference. I know that anyone reading this will be skeptical, I must have done something dreadfully wrong, which is the response I have received from each of the 11 attorneys I have spoken to, but not this time. They each say it is completely out of character for this judge. I didn't cheat on my wife, I didn't abuse her, I tried everything I knew to make her happy but she never was. She complained constantly, refused to have sex, had to have everything her way all the time. She refused to go to therapy with me and said marriage is not about happiness it is about looking like a family to the outside world. My wife was a spoiled little rich girl that always got her way...or else, so I left. That is what I did wrong.

  6. #6
    Join Date
    Dec 2007
    Posts
    7

    Default Re: Child Support And Inheritance

    I was told at my local family law facilitator (this is a free service in CA) that if my partner gets an inheritance, it will be considered income and he will have to pay more money due to his inheritance. She stressed that she is not a lawyer but knows the rules of child support.

    1. Sponsored Links
       

Similar Threads

  1. Inheritance and Child Support
    By optik in forum Child Support
    Replies: 5
    Last Post: 03-31-2011, 11:13 AM
  2. Inheritance and Back Child Support
    By Birdie in forum Estate Administration and Probate
    Replies: 1
    Last Post: 08-25-2010, 08:08 PM
  3. Inheritance and Child Support
    By knowing in forum Child Support
    Replies: 3
    Last Post: 05-12-2009, 04:52 PM
  4. Inheritance and Child Support
    By dubya96 in forum Child Support
    Replies: 1
    Last Post: 01-07-2009, 07:48 AM
  5. Child Support Delinquency and Inheritance
    By Cadet 187 in forum Child Support
    Replies: 3
    Last Post: 07-20-2006, 08:52 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document