QUESTION

My exhusband and siblings created an LLC for property inherited last year. Does he have to report the income to child support?

Asked on Apr 24th, 2016 on Family Law - Wisconsin
More details to this question:
They are selling some of the property for $710,000. The money will not go to the LLC, it will be paid to the siblings. We have a current child support order, in which I have full custody of our 2 children.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Your ex spouse's inheritance is ordinarily not considered income for purposes of paying child support or maintenance under Wisconsin law; similarly to going through a divorce, a gift or inheritance received from a third party, is exempt from property division; however, once he receives his share from the estate and invests it, the dividend and interest income received from the principal can be used for child support purposes. Also, in the event that he is not working or has considerable child support arrears, in that event you could petition the court to request that some or all of his share of the inheritance be set aside in a trust for you to draw the money out for payment of either back support owed or for current monthly support; that motion should be filed promptly, before he gets his hands on the money, to avoid it being dissipated by him, which would defeat the purpose of going after it in the first place.
Answered on Apr 24th, 2016 at 10:30 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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