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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I have temporarly full custity of my 2 children, I had child

Customer Question

I have temporarly full custity of my 2 children, I had child services fully recommend that she has no overnight visitation and she gets the kids 2 days a week. This has been the same since jan 5 2013. Recently I inherited some money and her attorney wants to base child support based on how much I recived. Since my inheritance was no earned income and can i pay child support on it?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

When did you inherit the money?

How much was the inheritance?

Thanks
Customer: replied 1 year ago.


it was over 500k last year around march 2012

Expert:  xavierjd replied 1 year ago.
Hi Darren,

Thanks for the information. I want to look up a couple of things for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 1 year ago.


ok thank you, XXXXX XXXXX information I quit my job last year to support my children. My x has a full time job an walmart. I have been asked to provide child support to help her take care of my children but im spending $1800 a month taking care of them with no income comming in. Iv been told I need to pay her $425 a month $200 of which is for insurance. The mother put my children on tin care because she dosent want to take it out of her pay check. I took care of the kids all year last year they lived with me for 6 months without the mother and she claimed the children on income tax and got over 6k. I dont understand how or why im being asked to pay child support based on my inherridance. I got $270 in a policy, another $285 I havent recived yet. $80k in stock, $1400 in ss, $11k from bank acct, plus there is another $200 + comming once the estate closes. This is just additional info.

Expert:  xavierjd replied 1 year ago.
Hi,

Sorry for the delay. I am finishing up with another customer and I will be back with your shortly.

thanks for your patience.
Customer: replied 1 year ago.


ok thats fine. I live in tennessee btw dnt know if law are different

Expert:  xavierjd replied 1 year ago.
Hi Darren,

Again, I am sorry for the delay.

First, if you have had custody of the children such that she has no overnights and only sees the children 2 days a week, you should be able to ask for a modification of your child support because you now have the children more, and your income has been reduced. However, the child enforcement division MAY impute income to you because you have chosen to quit your job to take care of your children. However, child care may be taken into consideration and your ex may actually have to end up either paying you support, or giving you a child support credit.

Your question regarding an inheritance is complicated. Any insurance proceeds are NOT considered as income. Also, an inheritance from a bank account may be considered a "one time" windfall, and therefore NOT be considered as income.

Any dividends or proceeds from the sale of stock MAY be considered as income and therefore be included in the determination of child support.

If the 200k coming to you when the estate closes is a "one time" windfall, it may NOT be included as income for purposes of child support.

So long as there is no definition in the Tennessee Child Support Guidelines, an inheritance may be considered like a "gift" or "lottery winnings."

So, it sounds from your post that most of your inheritance may NOT be considered income.

Because the Tennessee Child Support Guidelines are very complicate, you may wish to consult with an attorney in your area who specializes in family law. An initial consultation is usually at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed.

In any case, if your ex has filed a Motion to Modify Support, you ABSOLUTELY need to file a written response. It may be possible, that your ex is making a mistake by filing a Motion to Modify Support. It may be possible that she may end up having to pay you! But, again, you really need to have the assistance of a family law attorney in your area.

Below is a link to the Tennessee Attorney Referral Page.

http://www.tba.org/info/find-an-attorney

I hope you find this information useful.

My goal is to provide you with excellent service. If you are satisfied with my answer PLEASE RATE IT AS EXCELLENT or in another POSITIVE MANER. If you have follow up questions, please ask before you rate my answer.

Thanks for your business.

Xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Darren,

Thank you SO very much for the "excellent service" rating and for the most generous bonus! Both are GREATLY appreciated!

I'm glad you found the information useful.

If you have other questions, you can specifically request me as the expert.

Thanks again, and best wishes.

Xavierjd

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