Like for instance if you quit your job which your child support is based on would you have to give your ex wife part of your winnings? And what percentage of it would you have to give her. This is a hypothetical question. I didnt win anything but I just thought about it if it ever happen.
2006-11-19 13:28:46 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This doesnt mean that Im not going to pay child support im only asking this because I would like to know how it would be handled.
2006-11-19 13:47:29 · update #1
If you won the lottery I would assume that you would pay all of your child support in order to care for your child.
Your ex would probably take you back to court and have the support raised but I would again assume that one of the first things you would do is provide for your child with your winnings.
2006-11-19 13:33:50 · answer #1 · answered by Justsyd 7 · 0⤊ 0⤋
First of all, it totally depends on the state you are in. Second, once you are divorced, the winnings never, ever go to the wife as part of marital property. California has a very specific formula that determines child support and it begins with your income and the income of your ex as well as a number of other details like the amount of time you spend with the kid and other kids you owe support one, etc. Let's say you quit your job and are living off your lottery winnings. You are going to pay support. There is no question of that. The question is going to be how much income is going to be imputed to you. Obviously, if you invest the winnings, you will get investment income, which you will need to report to the court. Sometimes, income from investments is hard to figure out. Moreover, your ex's attorney may argue that you are purposely investing poorly to lower the amount he needs to pay. For instance, maybe you are investing in stocks that go up in value, but don't produce dividends and, therefore, no income. Moreover, even if you win the lottery, your ex's attorney can still argue that you are an able bodied man who can still work and produce even more income than the lottery is providing. As such, this extra would be imputed to you even though you don't make it (just like guys who don't work but who have no income anyway get income imputed to them even if it's just the minimum wage at 40 hours a week).
The bottom line is that the attorneys and the court will figure this out one way or another. And the law so abhors dead beat dads and is so pro-child that the law will get money out of you one way or another. The only way to get out of paying child support that I have seen is to be incarcerated for a long period of time. Otherwise, the courts will get your money.
2006-11-19 21:41:56 · answer #2 · answered by Erik B 3 · 0⤊ 0⤋
Should you strike a "TOTO" jackpot or a big win in lottery, quit your job to enjoy life where I'll too have this dream. But, why should you tell the whole world of your winning, just live and stay what you are and don't spend a bomb overnight. Although it is of legal, the tax officer will not go after your child maintenance or whatever compensation you need to pay, on your winning. Just keep it plain secret, simple!
2006-11-19 21:35:13 · answer #3 · answered by James Louis 5 · 0⤊ 0⤋
Child support is based on your income, not your job. The ex-wife would have to take you back to court (and she would). The court would re-evaluate your current income status and then determine the amount of child support. No, you wouldn't have to give your ex-wife any part of the winnings. But the winnings would certainly increase your child support.
2006-11-19 21:32:37 · answer #4 · answered by maamu 6 · 0⤊ 0⤋
Well Albert , If this were to ever happen to my father or mother and they paid child support . I would like to think that they loved me enough to pay everything off , first of all and continue to pay the child support because I know I didn't ask to be born
2006-11-19 21:35:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well, I'm presuming it wouldn't be considered a marital asset, since the winning took place after the divorce -- so you'd be in the clear as far as alimony goes.
As for child support, I guess that legally, you wouldn't be obliged to pay more than what was determined in the divorce agreement. But ethically and morally, if I were you, I'd feel obligated to pay more -- out of love for my child.
.
2006-11-19 21:32:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You'll be paying out your nose. Seriously though, Domestic Relations will probably haul you in for a hearing and they'd figure out the percentage. (I hope you didn't quit your job just to get out of paying child support--Shame on you.)
2006-11-19 21:33:39 · answer #7 · answered by Call Me Babs 5 · 0⤊ 0⤋
Payment for support is what is only needed as required by law. Thus, if you won in lottery you are not required to give extra amounts over the requirement but you have the option.
2006-11-19 21:32:20 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Sure he would. You think a judge is going to say to someone, who has one maybe millions of dollars and quit his job, that he doesn't have to pay more support,just because he doesn't have a job?
I'd think any man would want to be able to provide more for his children if he had a big windfall like that.
2006-11-19 21:34:03 · answer #9 · answered by mocha5isfree 4 · 0⤊ 0⤋
It would depend on the laws governing child support in the state
you live in.
2006-11-19 21:33:43 · answer #10 · answered by hunterentertainment 3 · 0⤊ 0⤋