Will inheritance affect child support/alimony? I have a large sum of $ in a Vanguard acct. that came over from a trust as well as an IRA (all in my name solely). Thank you for your response!
An inheritance will not affect child support. Child support is based on the gross incomes of both parents.
The NC Child Support Guidelines define “income” as “a parent’s actual gross income from any source, including but not limited to income from employment or self-employment (salaries, wages, commissions, bonuses, dividends, severance pay, etc.), ownership or operation of a business, partnership, or corporation, rental of property, retirement or pensions, interest, trusts, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability pay and insurance benefits, gifts, prizes and alimony or maintenance received from persons other than the parties to the instant action.”
It’s possible an inheritance could affect alimony, particularly for the dependent spouse that would be receiving the payments, however, this is not guaranteed and varies on a case-by-case basis.
There are 16 Factors that determine alimony in NC, and one of those, which is the only one that could apply to alimony is “any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.”
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I am the dependent spouse. Is there any way around this (put inheritance in someone else’s name, etc.)?
Also, this can only be decided upon if we end up going to court? Right now we’re trying to do things on our own…
An inheritance will not affect child support and likely would not affect alimony, however, it is possible that any interest earned off of inheritances could be counted as income.
You and your spouse can agree to a settlement outside of court without ever having a hearing/trial before a judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.