Living off of inheritance

North Carolina Divorce Law Divorce and Separation Answers
#1

The court will either try to figure out what income he receives from his inheritance monthly, by reviewing bank accounts, credit card records, and other documents. You will need to get these before court so you have them available to present to the court.

If the court is unable to determine what income he is earning from his inheritance, the court will use the income he earned when he was working and impute that to him for the purposes of calculating child support. I wish you the best of luck in your Domestic Violence Hearing. There are several resources available on our website if you need them.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

#2

Thank you for the wonderful advice and words of encouragement. Any suggestions on how to acquire the information you mentioned?

#3

In order to get the information you will need to file a Complaint for Child Support. You can do this one of three ways:

  1. Contact Child Support Enforcement at www.ncchildsupport.com. They will pursue this information on your behalf, however this is usually a lengthy process.

  2. You can hire an attorney to file an action for child support, they will send subpoenas for his banking and income records.

  3. You can file a complaint for child support on your own. The clerk of court will sign subpoenas that you bring to her and fill out for his banking and income records.

The court will probably not address child support at a Domestic Violence Hearing.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

#4

Because of an act of domestic violence, my ex-and I will be going to court. (He is charged with felony strangulation.) While we are there, the question of child custody will come up because all we had was a notarized separation agreement that was not incorporated into our final divorce. Ex is no longer working states he “doesn’t have to” because his father has passed away and he is living off of his inheritance. Question is: How is inheritance figured into the income area of the child support calculator? I have no idea how much he has access to a month. The way things are looking, I will have full custody of the children.