Inheritance


#1

Hard to say, but I doubt it. It is probably a gift rather than income. So I believe the court would not consider it as income.

Also this is not inheritance. Her parents are not dead are they?


#2

If this is not inheritance then you should look into what the IRS has to say about the amount of monitary gifts from parents to children. I believe that it can only be considered gifts under a certain amount…after that taxes must be paid on the money. If they are giving her enough to live on each month then it’s possible that she should be showing this as income to the IRS and that would mean that it could factor into support calculations…


#3

As a clarification the amount she receives falls just under the amount required to be reported to the IRS. However would a judge consider this as income (even unearned income is considered in the statutes) for alimony/child support calculations?


#4

Again, hard to say. I know that is not what you want to hear.


#5
quote:
[i]Originally posted by rokjok[/i] [br]My STBX receives a monthly amount from her parents and has for many years. As I will be the supporting spouse does this come into consideration when determining alimony payments? I know this can be addressed in the separation agreement but we do not have one yet and I want to know how a court would address this.

Don’t know about alimony but there’s plenty of case law that says that if it is a regular subsidy given by the parents for years, then yes, it can be counted as a source of income when determining child support.

See:

nddhacts01.dhhs.state.nc.us/Gui … jsp#Income

aoc.state.nc.us/www/public/c … 0284-1.htm


#6

If she has received this money on a regular basis for a significant period of time then the court may consider this as income to her.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#7

My STBX receives a monthly amount from her parents and has for many years. As I will be the supporting spouse does this come into consideration when determining alimony payments? I know this can be addressed in the separation agreement but we do not have one yet and I want to know how a court would address this.