Legal Question in Family Law in Idaho

inheiritance

My boyfriends ex filed for modification until I suggested the state rep. request inheritance information. A relative of her's recently died and then coincidently she just quit her job. After she rec'd the request she strangely cancelled the modification. Now my boyfriend is losing his job and I want to request modification based on his unemployment. It never got to court, so I was wondering if the judge would take into consideration this inheritance. PS. I also believe she is receiving money from a trust, only I'm having a hard time finding proof. Any place I can find these records would be helpful. Carol


Asked on 11/21/02, 12:42 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: inheiritance

You can file for a modification any time there is a substantial increase in a party's income. Under the child support guidelines Idaho Rules of Civil Procedure 6(c)(6)Section 6-Guidelines Income Determination doesn't specifically address inheritance so it might not be included. However, those things not listed are left in the sole discretion of the trial court who might well consider it. It could also increase you hubbies "potential income" though so you should run various scenarios before deciding whether or not to file for modification

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Answered on 11/21/02, 12:04 pm


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