Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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Dogmatique
You seriously need to consider counseling. Your hatred of your ex is so, so severe that your son is going to pick up on it no matter how hard you think you're hiding it.
Ironically, you make such a fuss about "want" versus "need", and yet... what does your last paragraph say?
and you are a clown who thinks he knows much more than he does. 'fuss'......'hatred'......seriously???!!! i explained myself and that was it. and yes i said 'want' because it's my money. who doesnt WANT to handle their money their own way?????
the money was taken care of the way i wanted it to yet, i just sent her money today in addition to my child support. but, i'll allow u to continue to think u r rite. u should re-consider giving advice. instead of 'assuming' u know, hopefully u ask the next person a few additional questions before you make a judgment call.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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li.bee94
and you are a clown who thinks he knows much more than he does. 'fuss'......'hatred'......seriously???!!! i explained myself and that was it. and yes i said 'want' because it's my money. who doesnt WANT to handle their money their own way?????
the money was taken care of the way i wanted it to yet, i just sent her money today in addition to my child support. but, i'll allow u to continue to think u r rite. u should re-consider giving advice. instead of 'assuming' u know, hopefully u ask the next person a few additional questions before you make a judgment call.
Q4P.
:cool:
(You're missing a few things, but just as an example... it's not your money ;) )
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
If you send her extra money--that does not get you brownie points that count in a court of law --and if as you predict, she blows it--your son gets no benefit.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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Dogmatique
Lottery winnings are income for child support purposes in New York. This is in addition to the state having first pick if arrears are owed.
Domestic Relations Law § 240(1-b)(e) provides that the court may allocate a proportion of nonrecurring payments from extraordinary sources, including lottery winnings, to child support.
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The court has discretion to exclude nonrecurring payments from a party's gross income for child support purposes. (See Matter of Muselevichus v Muselevichus, 40 AD3d 997 [2d Dept 2007].)
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It is undisputed that defendant received the lottery winning proceeds in a lump-sum payment. As the payment is a
nonrecurring payment, the court declines to consider defendant's lottery winnings as income for the purpose of calculating the parties' gross incomes and combined parental income.
Questel v. Questel, 39 Misc. 3d 667 - NY: Supreme Court 2013
The State Lottery Commission can withhold winnings to pay support arrears but the question was is the custodial parent entitled to an increase in support payments or a lump sum portion of the winnings. The answer is no assuming a lump-sum payment of the winnings.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
From the trial court opinion you mentioned,
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Quoting Questel v. Questel, 39 Misc. 3d 667 (Supreme Court 2013), emphasis added.
Domestic Relations Law § 240(1-b)(b)(5) defines "income" for the purposes of calculation of child support. Specifically, Domestic Relations Law § 240(1-b)(b)(5)(i) defines gross income as income that should have been reported or should be reported as income in the most recent federal tax return. Domestic Relations Law § 240(1-b)(e) provides that
the court may allocate a proportion of nonrecurring payments from extraordinary sources, including lottery winnings, to child support. The court has discretion to exclude nonrecurring payments from a party's gross income for child support purposes. (
See Matter of Muselevichus v Muselevichus, 40 AD3d 997 [2d Dept 2007].)
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Quoting Domestic Relations Law, Sec. 240(1)(e)
(e) Where a parent is or may be entitled to receive
non-recurring payments from extraordinary sources not otherwise considered as income pursuant to this section, including but not limited to:
(1) Life insurance policies;
(2) Discharges of indebtedness;
(3) Recovery of bad debts and delinquency amounts;
(4) Gifts and inheritances; and
(5) Lottery winnings,
the court, in accordance with paragraphs (c), (d) and (f) of this subdivision
may allocate a proportion of the same to child support, and such amount shall be paid in a manner determined by the court.
So it is within the discretion of the court to consider lump sum lottery winnings when assessing child support.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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li.bee94
and you are a clown who thinks he knows much more than he does. 'fuss'......'hatred'......seriously???!!! i explained myself and that was it. and yes i said 'want' because it's my money. who doesnt WANT to handle their money their own way?????
the money was taken care of the way i wanted it to yet, i just sent her money today in addition to my child support. but, i'll allow u to continue to think u r rite. u should re-consider giving advice. instead of 'assuming' u know, hopefully u ask the next person a few additional questions before you make a judgment call.
Translation - you're not telling me what I want to hear.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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So it is within the discretion of the court to consider lump sum lottery winnings when assessing child support.
I agree and I don't think I posted anything to the contrary. The court may consider the lottery winnings. But in the most recent case I cited they declined to do so.
The point is that it is not a given that lottery winnings paid in a lump-sum payment will be considered income for the purpose of calculating child support. And from my earlier post, the parties still have to file for reconsideration and the court will decide.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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budwad
I agree and I don't think I posted anything to the contrary. The court may consider the lottery winnings. But in the most recent case I cited they declined to do so.
The point is that it is not a given that lottery winnings paid in a lump-sum payment will be considered income for the purpose of calculating child support. And from my earlier post, the parties still have to file for reconsideration and the court will decide.
thanks for your input. i appreciate it
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HRinDEVON
If you send her extra money--that does not get you brownie points that count in a court of law --and if as you predict, she blows it--your son gets no benefit.
as i said earlier, everything was taken care the way i needed it to be. the issue of this money will never be a court case. thanx for all of your input and advice. i appreciate it.
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budwad
Domestic Relations Law § 240(1-b)(e) provides that the court may allocate a proportion of nonrecurring payments from extraordinary sources, including lottery winnings, to child support.
The State Lottery Commission can withhold winnings to pay support arrears but the question was is the custodial parent entitled to an increase in support payments or a lump sum portion of the winnings. The answer is no assuming a lump-sum payment of the winnings.
that includes the state of ny?
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cbg
Translation - you're not telling me what I want to hear.
you just got here. sometimes its best to keep your 2cents in your pocket
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Mr. Knowitall
From the trial court opinion you mentioned,
So it is within the discretion of the court to consider lump sum lottery winnings when assessing child support.
interesting. thank you.
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budwad
Domestic Relations Law § 240(1-b)(e) provides that the court may allocate a proportion of nonrecurring payments from extraordinary sources, including lottery winnings, to child support.
The State Lottery Commission can withhold winnings to pay support arrears but the question was is the custodial parent entitled to an increase in support payments or a lump sum portion of the winnings. The answer is no assuming a lump-sum payment of the winnings.
forget my last question. i read it. thank you for the info.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
And the 17% you mention may be misleading, that formula only is there thru about $23,000 of CS ....above that and the court has a lot of discretion ....and as others posted the NY courts lean away from windfall awards for CS ...but I suggest you NOt to argue the point if Mom sends in a professional, you need a professional at that stage on youR side.
Re: Will Child Support Be Increased if the Payor Receives a Large Lump Sum
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HRinDEVON
And the 17% you mention may be misleading, that formula only is there thru about $23,000 of CS ....above that and the court has a lot of discretion ....and as others posted the NY courts lean away from windfall awards for CS ...but I suggest you NOt to argue the point if Mom sends in a professional, you need a professional at that stage on youR side.
thank you