Inheritance

[Darryl]

Soc, Just a quick question. Currently involved in a CS mod. State is Missouri.

1. If NCP received a substantial inheritance during this litigation will it be used in calculation of new CS amount?

[socrateaser]

>Soc, Just a quick question. Currently involved in a CS mod.
>State is Missouri.
>
>1. If NCP received a substantial inheritance during this
>litigation will it be used in calculation of new CS amount?

It's up to the CP to ask that the court impute income to the inheritance. And, it's generally up to the discretion of the court as to whether to do this. Usually, the court will impute income based on the amount of interest that the inheritance would earn in the current market.

It is more rare, but in cases where the inheritance is very large (million dollars or more), that the court might impute income based on the actual asset value.

I believe that this last method of treating child support may be unconstitutional, but, let's not go there -- it's too early.