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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience:  JD, 17 years legal experience including family law
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Do I have any right to determine how my ex-sppuse uses his

Resolved Question:

Do I have any right to determine how my ex-sppuse uses his inheritance or monetary gifts from his father after the divorce is finalized as it relates to children activities, school tuition, camps and other kids related expenses.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


Does the divorce decree provide any guidance on this or is it silent as to his inheritance/gifts from his father?
Customer: replied 1 year ago.

It is silent. He may receive a marked inheritance in th future and gifts of 50-100K each year.

Expert:  Tina replied 1 year ago.

Hello again, Kerryn, and thank you for the additional information.

No, an ex-spouse does not typically have any legal grounds to dictate how their ex spends any of the income except to the extent the income may be used to determine child or spousal support that must be paid.

There would otherwise normally be no basis to compel the ex to spend the gifts/inheritance in a certain way. I'm sorry.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 1 year ago.

Can inheritance be factored into cild support?

Expert:  Tina replied 1 year ago.
Hello again, Kerryn.

In a court decision In Re Marriage of Alter, issued by the 6th Appellate District held that gifts may be included in income when determining child support. In a nutshell, the court found that when gifts are of a recurring nature (as opposed to one time largess) it is within the sound discretion of the trial court whether to include them in income for purposes of determining guideline child support.

Here is a link that provides this and additional information on this issue:

http://la-family-law.com/can-a-gift-be-considered-income-for-child-support/

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience: JD, 17 years legal experience including family law
Tina and 11 other Family Law Specialists are ready to help you

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Tina
Tina
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JD, 17 years legal experience including family law