Legal Question in Family Law in California
Inheritance as basis for child support review
For the past 8 years, I have had my two children 100% of the time as their father lives in another state. He is about to inherit close to a million dollars from his mother's estate. Can I use this information to petition the court to increase the amount of child support I receive or is the amount based solely on his employment income?
3 Answers from Attorneys
Reply: Inheritance as basis for child support review
In a general sense, the income from his inheritance can cause an increase in his child support.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Inheritance as basis for child support review
Hi,
You should be able to increase child support under the described circumstances because your children are entitled to share their father�s standard of living. However, there are a number of important strategic considerations. Call me at your earliest convenience to discuss your case.
Very truly yours,
Russ Martin
(415)364-1604
Re: Inheritance as basis for child support review
The inheritance is not income for calculation of guideline child support. However, the income received from that inheritance, interest, dividends, etc., can be used for calculation of child support. Also, since he has the ability to pay for your attorney's fees, the judge will probably order a contribution. You should get an attorney to complete the proper discovery and get the relavant facts before the court.. Good Luck, Pat McCrary
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