# Inheritance **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [July 18, 2008, 6:22am UTC](https://forum.rosen.com/t/inheritance/6249 "2008-07-18T06:22:34Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\ **Post date:** [July 18, 2008, 6:22am UTC](https://forum.rosen.com/t/inheritance/6249/1 "2008-07-18T06:22:34Z")
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? ---
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [July 18, 2008, 9:45am UTC](https://forum.rosen.com/t/inheritance/6249/2 "2008-07-18T09:45:45Z")
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… ---
**Author:** ![rokjok](https://avatars.discourse-cdn.com/v4/letter/r/c2a13f/32.png) [@rokjok](https://forum.rosen.com/u/rokjok)\ **Post date:** [July 18, 2008, 11:52am UTC](https://forum.rosen.com/t/inheritance/6249/3 "2008-07-18T11:52:35Z")
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? ---
**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\ **Post date:** [July 20, 2008, 5:38am UTC](https://forum.rosen.com/t/inheritance/6249/4 "2008-07-20T05:38:22Z")
Again, hard to say. I know that is not what you want to hear. ---
**Author:** ![athos](https://avatars.discourse-cdn.com/v4/letter/a/f1d935/32.png) [@athos](https://forum.rosen.com/u/athos)\ **Post date:** [July 20, 2008, 5:42pm UTC](https://forum.rosen.com/t/inheritance/6249/5 "2008-07-20T17:42:39Z")
> 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](https://nddhacts01.dhhs.state.nc.us/GuideLines.jsp#Income) [aoc.state.nc.us/www/public/c … 0284-1.htm](http://www.aoc.state.nc.us/www/public/coa/opinions/2006/060284-1.htm) ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [July 27, 2008, 6:51pm UTC](https://forum.rosen.com/t/inheritance/6249/6 "2008-07-27T18:51:25Z")
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](http://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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![rokjok](https://avatars.discourse-cdn.com/v4/letter/r/c2a13f/32.png) [@rokjok](https://forum.rosen.com/u/rokjok)\ **Post date:** [July 17, 2008, 11:21am UTC](https://forum.rosen.com/t/inheritance/6249/7 "2008-07-17T11:21:40Z")
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.