1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

inhertance

Anonymous Asked:

About to finalize a separation agreement. Husband will be inherting a large sum of money (around $1million) in the next 1-5yrs. Our 2 children are 16 and 14 and about to enter post secondary eduction. We have split custody with 1 child living with each parent. The current child support paid to me is only $250. Is the inheritance money, once received, considered a material change in condition and could it be considered to support the childrens post secondary education?

Expert Comment:

Subscribe
Notify of
0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
A Family Lawyer
10 years ago

Typically, the law in respect of child support would direct us to determine an appropriate amount of income from the inheritance and include that imputed income in the calculation of the payor's income as determining income available to pay support. However, there are some cases in which assets, if income producing, whether generating income or not, can be assessed as to having that income portion and therefore income being imputed whether income is being generated or not. Interesting is the connection between the inheritance and obligation to pay post-secondary education expenses based on means and not necessarily income. You should consult with a lawyer to further discuss the issues. My thought is that the receipt of the inheritance would be a material change and considered available for post-secondary education expenses but you need to talk with a lawyer as to what extent the inheritance is available.

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
0
Would love your thoughts, please comment.x
()
x