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How Do Inheritance and Child Support Work?

Discussion in 'Family Law Forum' started by Mum79bronte, 5 May 2016.

  1. Mum79bronte

    Mum79bronte Active Member

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    My former partner has inherited a significant amount of money and property recently and has been 'unable to find work' to support our children. I lodged a change of assessment form based on the fact that he can now afford to help support, however, I was told over the phone that an inheritance won't be considered?

    There is zero incentive for him to find work now that he is financially stable and has paid off his house, which is also not considered. I was dumbfounded to hear the Child Support Agency say this, but it sounded like basically bad luck for myself and the children. We are left struggling financially while he has no concerns.

    Is this really how child support works?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Remember, that money was the benefactor's before it was your ex's. Why would a benefactor be held responsible for raising your kids?

    The money was left to your ex, not you and not your kids, and what he decides to do with it is his business. You can claim on his taxable income, but that's all.
     
  3. sammy01

    sammy01 Well-Known Member

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    So the response CSA gave you is their first line response. It minimises their workload.... (just my opinion)

    So their rules?
    2.6.14 Reason 8 - a Parent's Income, Property, Financial Resources, or Earning Capacity | Child Support Guide

    I've read it a few times.... Still don't understand it...

    So there are provisions to have money outside taxable income considered. Chances of success? Look, I have to tell you I'm kind of in a similar situation. Ex claims nothing, not even unemployment benefit, doesn't do tax returns, runs a cash in hand business and pays zero child support. She has a significant inheritance coming her way.... She will do what ever she can to avoid paying child support.

    I've thought about applying to CSA under their rules.... But I've just decided it ain't worth it and here is why.

    If I got a good result - do you know what she'd do? She would do her tax return and declare stuff all income.... That would generate a new assessment period and she would wind up not paying again....

    Short version - Weigh up the stress of going through the process with the monetary value. So in my case, if the kids lived with her 80% of the time - I'd have to pay her $700 a fortnight. I earn $90 000 pa as a school teacher, so no ways to minimise tax even if I wanted to... If she declared an income of $60 000 - she would have to pay me about $60 a fortnight. Is it worth it? Nope.
     

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