Bronx, NY asked in Child Support for New Jersey

Q: If the ex wife inherits money does that change income ratio to determine change if child Support obligation ?

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Potentially yes. The NJ case is Miller v Miller, which stands for the proposition that a family court judge is authorized to impute income to an immune asset ( inheritance) for child support calculation purposes. Hypothetically, your ex received an inheritance of 500,000. The court can impute an income flow to that inheritance based on the long term corporate bond rate ( i.e. 4.25%), resulting in an imputed income of 21.250.00 from that asset, which income is separate from her employment income setting. So, if your ex has employment income of 40,000 and now an imputed income on the inheritance of 21,250, her gross income for child support purposes would be 61,250.00. But, make sure you know what she actually received by way of inheritance before filing anything with the court.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. It will depend whether the source is from an active or passive asset. You can always look for a recalculation of child support based on change of circumstances for her. Best of luck.

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