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.
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