My brother-in-law has faithfully paid child support- approximately 40% of his $60,000 income -for his four children over the past 10 years. He will receive an inheritance of $100,000 in the next month and plans to leave his squalid, one bedroom apartment and purchase a $90,000 dollar home- with adequate space for his children - in a nearby town. Will this trigger a modification of his child support? Should he simply pay off the house and not take out a mortgage to reduce the chances of going back to court with his ex-wife who works and owns a house.
The inheritance by itself will not necessarily trigger any court case in regards to child support. However, you should keep in mind that the mother has the statutory right to seek modification of a child support order if: 1) Either parties' adjusted gross income changes by at least 15% since the last order; or, 2) Three years have passed since the date of the last order.
The Courts and the Child Support Enforcement Unit do not keep track of an individuals income or inheritance. So it will be up to the mother to file, and if it has been three years or more, she will not even need to have knowledge about the inheritance to ask for an increase in support.
The inheritance is called a "discretionary income" to be added to his adjusted gross income. Therefore, the Court can, but is not mandated, to include the inheritance when determining a child support order. Given that inheritance income is usually a one time payment, and not paid on a consistent basis, he has a strong argument to make why it should not be included in his adjusted gross income for any modification of a child support order
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