Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law
This answer was rated:

I have been divorced for 7 years now. My mother passed away…

Hello. I have been divorced...
Hello. I have been divorced for 7 years now. My mother passed away last year and I will be receiving an inheritance in the near future. My ex wife is under the impression that the inheritance is something to be factored in to my child support payments. I pay my child support based on my income calculated by the Department of Justice I and am of the impression that child support is based exclusively on income. My question is, can my inheritance be a factor in child support payment? My ex wife if insisting that my monthly payment be significantly increased, or a lump sum payment made. Nowhere in the will is my ex wife even mentioned. What is the legal opinion in a matter like this? Many thanks in advance. Andrew
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 12 minutes by:
9/26/2017
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,703
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

Approximately how much are you paying now, based on what income, for how many children?

How much approximately do you stand to inherit?

The law gets fuzzier as the numbers get larger, so I just want a general idea of how much we're talking about here.

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
Right now I am paying $375.00 per month based on a $25K a year income. The estate is not finalized yet but a rough estimate is between $80K and $90K.

I understand.

You're right, the child support is based on your income. You pay on the $25K under the guidelines, as you've observed.

In Canada, an inheritance is a windfall, not taxable income, and not income for the purposes of child support.

If you invest the money and your income goes up because of it then with that higher income you'd pay more support. So indirectly an inheritance can bump up the child support. However, we're not talking millions of dollars in an inheritance. Even if you invested $100,000 at 4% return annual (which would be a pretty solid return in this market), your income would then go up by $4000 per year, add that to your other income, and pay support based on that total. But if you used the inheritance to pay off debts then your income wouldn't go up at all.

I asked about the size of the numbers because that's important. Let's say that I inherit a billion dollars and plop it into a chequing account that pays zero interest and I quit my job planning to simply spend from that billion for the rest of my life. Yes, my income is zero. But no judge would say that I should pay no child support.

Does that make sense? I'm here if there's more to discuss or if you have question or comment. If I've answered you I'd appreciate a positive service rating please. Ratings are how I get paid by the site for helping its customers.

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,703
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified
Ulysses101 and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Many thanks for the fast response and confirmation of my legal position.

My pleasure to assist. Thanks for the rating, and good luck.

Ulysses

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Ulysses101 Your Own Question
Ulysses101
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,703
3,703 Satisfied Customers
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

Ulysses101 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

58,176 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I would like to change the child support amount and custody
Hello! I would like to change the child support amount and custody of my children that were finalized on our separation agreement. We had used our own lawyers to finalize it. Once the agreement was co… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
If an arbitrator for dispute resolution says I have the
If an arbitrator for dispute resolution says I have the right to reapply, how much time do I get? … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I am a Pakistani Citizen holding Permanent Resident of
Hello, I am a Pakistani Citizen holding Permanent Resident of Canada. Last year April 2017, I married to Indian girl and we got married in Dhaka, Bangladesh.I filed sponsorship paper for her in June 2… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
How can i get an hr director to agree i didnt desrve
how can i get an hr director to agree i didnt desrve discipline letter … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Tina -- I would appreciate your help. I am the ED of a small
Hello Tina -- I would appreciate your help. I am the ED of a small non-profit in Nova Scotia. Here is the situation: we have a young woman who worked on and off while she was in graduate school. She r… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have a question about the seizure of my car. Moncton, New
I have a question about the seizure of my car JA: What state is this in? And how old is the car? Customer: Moncton, New Brunswick, Canada JA: Has anything been filed or reported? Customer: yes JA: Any… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have a court judgement since 2006 of $160,000 in Ontario
I have a court judgement since 2006 of $160,000 in Ontario with accident claims fund. I just want to know if there is a statue of limitations that applies to that. … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Is Alona, I have a question - if the deadline for filing an
Hi here is Alona, I have a question - if the deadline for filing an application for settlement conference is missed, the court will not accept the brief. What does that mean? That the conference will … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Is it appropriate to add “Without Prejudice” to a
is it appropriate to add “Without Prejudice” to a termination letter that also gives reasons for termination? … read more
Ulysses101
Ulysses101
Lawyer
3,703 satisfied customers
If the police did not lay charge that night of incident can
if the police did not lay charge that night of incident can they days later … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Do you help people understand capital gains tax obligations
do you help people understand capital gains tax obligations for crypto investment? … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
My question is in regards to evicting someone from a home
Hello,My question is in regards ***** ***** someone from a home that I now own. The house belonged to my mother. While it was in her possession, her boyfriend began living with her without a lease of … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I had iv fluid overload which caused kidney pain and
i had iv fluid overload which caused kidney pain and pulmonary edema … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
My roommate broke lease and we are both on it. He is leaving
My roommate broke lease and we are both on it. He is leaving due to anxiety issues. The land lord has refused my request to take over the lease and find a new roommate. What can I do? … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
S a lady saying false accusations on me. She's saying, "I
Hi there's a lady saying false accusations on me. She's saying, "I got ladies together to come and rape her with a bottle." She's falsely accusing me. She even got up in front of the whole church fals… read more
Ulysses101
Ulysses101
Lawyer
3,703 satisfied customers
My daughters ex boyfriend recently recorded their private
My daughters ex boyfriend recently recorded their private conversation without her knowledge. She found out afterwards that he had recorded the conversation and is concerned that he would post this co… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
How do I begin the process to have a no contact order
How do I begin the process to have a no contact order lifted … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Can a dying Muslim man get an injunction over his spouse
Can a dying Muslim man get an injunction over his spouse directives that his body will be cremated ? … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x