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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex-husbands mother just passed away and left him half her

Customer Question

My ex-husband's mother just passed away and left him half her estate, which includes a small home, the land it's on, a car, and the contents of the home. Everything is to be sold and divided between him and his sister. He currently pays child support to our two children. Can I ask that our sons receive a portion of what he gained in the inheritance as child support?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - His children are not entitled to any share of the inheritance however if the inheritance causes an increase in his income then you can file a motion for an increase in child support. The support is based on the respective incomes of the parents and not their assets so he would not have to pay any portion of the actual inheritance to his children or you in the way of support.

If he invests the inheritance and it results in a significant increase in his income then you can file a motion to amend the support.

Customer: replied 5 years ago.
What is the formula used in TN to determine child support? For example, the percentage of the paying parent's income for 2 children, how does time spent with the children (visitation) affect the percentage, etc?
Expert:  Dave Kennett replied 5 years ago.
I cannot calculate child support from here as the court will have it's own calculation. Basically it is the total income of the parties that is used. For example, if one party makes $40000 and the other $60000 there would be a total income of $100000. So if the party making the 60 is the one paying support then he or she would pay 60% of whatever the child support for $100000 is on the tables. If there is a standard order of visitation then the amount of time would not affect the amount of support. This has nothing to do with what he may have inherited.
Customer: replied 5 years ago.
When we divorced we were told that there is a standard formulaic calculation for child support in TN based on factors such as the parents' income, the number of dependant children, the number of days each parent has the child, etc. I would like to know what that formula is for TN.
Expert:  Dave Kennett replied 5 years ago.
I don't have the formula available to me on this website. The tables should be available from your local clerk of courts however the calculations can become a bit complicated and there is no way I can perform that from this website. We are here to answer general questions and cannot specifically represent clients or offer legal advice. Your question was whether the inheritance could be included in the child support and I believe I answered that question.