NSW Parent Receiving inheritance - Income for Child Support?
- Thread starter Debdar
- Start date
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- child support inheritance
I'm thinking no as it's not taxable income.
Best to give Human Services a call or Family Law Forum might have a better answer.
Best to give Human Services a call or Family Law Forum might have a better answer.
Amounts received by way of inheritance are not treated as income.
However, parents can make an application to CSA for a review based on financial position. The Registrar can make a decision they feel is 'just and equitable in the circumstances'. This has to be initiated by one of the parents.
Have a look at:
- Part 2.6 of the Child Support Guide, which covers Change of Assessment in Special Circumstances : 2.6 Change of Assessment in Special Circumstances | Child Support Guide.
Particularly look at Reason 8 under "Lump sum payments received by a parent", which states that distributions from a deceased estate may be a factor in considering whether an assessment is unjust and inequitable.
Further down, under 'Windfall' it states:
"Amounts received as a windfall (e.g. a distribution from a deceased estate or success in a lottery or other gambling venture) are not assessable as taxable income. They do not form part of the adjusted taxable income and are not taken into account in a formula assessment.
"There may be a reason to change an assessment if it is likely that a windfall will increase the parent's capacity to contribute to the financial support of the child.
The decision will depend on the circumstances of the case and any other reasons understood consideration." [emphasis added]
However, parents can make an application to CSA for a review based on financial position. The Registrar can make a decision they feel is 'just and equitable in the circumstances'. This has to be initiated by one of the parents.
Have a look at:
- Part 2.6 of the Child Support Guide, which covers Change of Assessment in Special Circumstances : 2.6 Change of Assessment in Special Circumstances | Child Support Guide.
Particularly look at Reason 8 under "Lump sum payments received by a parent", which states that distributions from a deceased estate may be a factor in considering whether an assessment is unjust and inequitable.
Further down, under 'Windfall' it states:
"Amounts received as a windfall (e.g. a distribution from a deceased estate or success in a lottery or other gambling venture) are not assessable as taxable income. They do not form part of the adjusted taxable income and are not taken into account in a formula assessment.
"There may be a reason to change an assessment if it is likely that a windfall will increase the parent's capacity to contribute to the financial support of the child.
The decision will depend on the circumstances of the case and any other reasons understood consideration." [emphasis added]
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