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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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My ex-wife and I have been divorced little over a year. On

Customer Question

My ex-wife and I have been divorced for a little over a year. On our decree there was shared custody of our 9 year old daughter and our 17 year old son. Our other two children were over 18 at the time so we're not included in the paperwork.
My daughter's time is evenly split between myself and my ex-wife. I was the plaintiff in the divorce due to her adultry.
She now wants to get retroactive child support and portions of a judgement that was attached to her pay while we were married. Most importantly she wants to have my daughter move in with her, change school systems....to a horrible one...and live with my ex and her boyfriend.
My major legal question is this......
It has come to my attention that my ex has a very large inheritance coming to her when her 86 year old grandfather passes away...it is in the millions. We were married for 22 years and she never told me she was in the paperwork for this windfall.
Do I have any claims to this inheritance.
? She never disclosed it to the courts!!!
Submitted: 5 months ago.
Category: Family Law
Expert:  RobertJDFL replied 5 months ago.

Thank you for using Just Answer. I look forward to assisting you.

Unfortunately, an inheritance is generally considered separate property, not marital, because a spouse doesn't have rights to an inheritance. The exception would be where one spouse inherits money and then co-mingles it -lets say to pay household expenses, or to buy new furniture. Then there is potentially a claim.

The fact that she didn't inform the courts I don't see as significant because an inheritance does not "vest" until a person has passed. That is, until her grandfather passes away, anything could happen -she could be written out of the inheritance, the inheritance amount could change, her grandfather could lose all his money, etc.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Customer: replied 5 months ago.
But her name appears I invest ent accounts jointly with her grandfather. Also money was taken on multiple occasions for us when times were hard.
Expert:  RobertJDFL replied 5 months ago.

Is she the joint owner, or is she a named beneficiary in a pay on death clause? If she is the joint owner, arguably that account or accounts should have been listed on a financial disclosure affidavit during the divorce as an asset. You'd want to talk to local counsel about that --because now that a year has gone by, too much time may have passed for you to petition to reopen the divorce. Also, if you knew about these joint accounts, the argument could be made that you didn't object to the fact that they were not included, and so that they shouldn't be included now.

Customer: replied 5 months ago.
She is the joint owner. Also, just because she his the fact well for a year....why should that penalize me. Lastly....how can she bring up child support let alone retriactive when the divorce decree said $0 and shared custody. It has also been a year? That's all. Thanks.
Expert:  RobertJDFL replied 5 months ago.

Perhaps I'm confused then whether she hid it or not--because you said that she took money out of these accounts when the two of you needed it -I took that to mean you had knowledge of the existence of the accounts. If I misunderstood you, my apologies (sometimes things are not clear over writing).

Child support is a "fluid" issue -a determined amount can always change because of a change in circumstances. Let's say for example that a non-custodial parent is paying $250 a month, when they land a new job and suddenly start making $100,000 a year more. A custodial parent could bring a motion to modify support because of the changed circumstances arguing that the NCP should now pay more.

I don't see her getting retroactive support -that typically happens where an unmarried parent files for support after a child is born and there is time between the birth and paternity testing, etc. Or, it can happen in cases where a person was underpaid due to a miscalculation, for example.

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