My ex commonlaw partner Father died without a will 2 years…

Question

My ex commonlaw partner Father died without a will 2 years before she became
pregnant with our daughter. Her portion of the amount divided between her, her
Mother and her Sister was 5 million dollars. She immediately signed her portion
of the will over to her Mother. Now 8 years later we have not been living
together for 3 years, she tells me that statute of limitations will not allow me
to now sue for property division and that she has lost her job and is applying
for child support. She also has written in email that her Mother is supporting
her. Can someone who signed away 5 million actually come after me for child
support? We share custody of our daughter 50/50

Debra · Accepted Answer

Debra Thal (username) :

Does your daughter live with you for half the time or do you just make decisions
jointly but she mainly lives with her mother?

Debra Thal (username) :

Is she saying you have higher income than she does?

Debra Thal (username) :

Does she work?

Customer:

We share custody - one week on - one week off. She has worked the entire time
since we were together other than the last year and one half. She is an
alcoholic and has lost her license after driving with a suspended license after
a DUI and now says she can't get a job because she does not have a license. Her
income was about 50,000 for the last few years of working and mine is about
75,000. But my question is about the relevance of the signed away will. Does the
fact that she should be making at least 250,000 each year from interest and
dividends from the inheritance factor into the shared custody calculation that a
judge will make. Does the fact that she gave the money to her Mother and now has
been living off the proceeds of that money (cash from her Mother) and will again
inherit that money (albeit after our daughter is 18 likely) factor into the
shared custody calculation? Have they not actually hid the money (she has no
visible income) and then will plead hardship. Her Mother has also bought her a
600,000 house and a 40,000 car since the will money was signed back to her.

Debra Thal (username) :

Yes it does matter.

Debra Thal (username) :

She cannot hide her income.

Debra Thal (username) :

If her investment income is higher than your income then she should be paying
you support.

Debra Thal (username) :

So, if you can prove your allegations the Court would impute income to her based
on your evidence and would order her to pay you support based on this imputed
income.

Debra Thal (username) :

But your evidence will have to be very compelling.

Customer:

The investment income is being gained by her Mother because the 5 million from
the will was signed back to her Mother 2 years before our daughter was born. So
are you saying that (if we prove the will sign back), the income from the will
money would imputed to her? Or just the money (house, car etc.) from the Mother
would be imputed?

Debra Thal (username) :

I am talking about the income.

Debra Thal (username) :

The assets aren't relevant as you have no claim to them but the interest is.

Customer:

I still do not understand you. the will she signed away to her mother would have
given her 5 million dollars which should realistically generate lets say 250,000
per year. Now the Mother has that income and is using it to buy her a house and
a car and give her 5,000 per month to live on. Why would only the 5,000 per
month be relevant? They have effectively taken the 250,000 income that she would
be getting and allowed her to benefit by the total amount of the house and car
and 5,000 per month. This does not make sense to me since I think that if upon
separation I gave my company to my girlfriend and then only had 50,000 given to
me as income each of the remaining 10 years before my daughter turned 18 (so I
had a very small effective INCOME) while hundreds of thousands of dollars were
accumulating in the company coffers awaiting my withdrawal after she was 18 that
the courts would have a problem with that. How is it that her Mother can keep
all the rest of the 5 million to give her after our daughter turns 18?

Debra Thal (username) :

It's not only $5000/.

Debra Thal (username) :

I don't think you are understanding what I mean.

Debra Thal (username) :

I think I used the word impute income and it may be that I should have explained
the meaning of the word.

Debra Thal (username) :

The Court will NOT look at her actual income.

Debra Thal (username) :

The Court will consider what her income would be had she not transferred the
money to her mother.\

Debra Thal (username) :

For child support purposes the income will be the interest on the inherited
money that she would have received had she not transferred the money to her
mother.

Debra Thal (username) :

Imputing means that Court will attribute this income to her even though she has
arranged not to get it.

Debra Thal (username) :

So the Court will act as if she is getting the money even if she is not actually
getting it.

My ex commonlaw partner Father died without a will 2 years…

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