Question:
I pay child support to my ex-wife, who is about to receive a large inheritance. I know the child support I pay depends on the income I earn and the amount of parenting time I have.
Does it also depend on what she makes, either through her job or any money she gets through the inheritance?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan law where I am licensed to practice.
In Michigan, when calculating child support, both parents’ incomes are taken into consideration. Under Michigan law, it is the Friend of the Court’s objective to determine how much money both parents have available for the support of their children.
Generally, this means that the Friend of the Court will take into consideration all income that the parties are receiving, except means-tested sources of income, such as food stamps or other temporary assistance to needy families.
In your case it would certainly appear that your wife’s inheritance would be taken into consideration when looking at her financial condition and her ability to provide for your children. I would encourage you to look at the 2008 Michigan Child Support Formula 2.01(C), which lists the different sources of income to be taken into consideration.
I would also like to inform you of the fact that generally inheritance is considered separate property for purposes of property division in Michigan.
However, like every rule there is an exception. When spouses commingle their inheritance with marital property, it can be argued that the inheritance is no longer separate property, but actually part of the marital estate.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kathryn Carruthers, an associate attorney in the Michigan offices, contact Cordell & Cordell.
