Legal Question in Family Law in Maryland
Hi,
Recently, my ex husband & I were in court for modification of his child support payments. He'd been unemployed up until recently. In court, he disclosed to myself & our children that his mother had passed away 2 weeks prior to court. My question is this......I know he received a substanial inheritance from his mother that he failed to disclose in court....he's only paying $291 a month for child support........is the inheritance monies he receives considered income or trust income? It is taxable so I thought I'd better ask about this. His lawyer has a tendancy to tell only 1/2 truths as well as hide things. Any help you can give me would be greatly appreciated.
Thanks
2 Answers from Attorneys
Under Maryland law, income from all sources is used to calculate child support, including any income generated by the inheritance. However, the issue is the income, rather than the inheritance itself. If there is a child support arrearage, the inheritance may be relevant in determining his ability to pay the arrearage, and thus, whether he can be held in contempt for non-payment. (He cannot be held in contempt unless he is given the opportunity to "purge" himself of contempt, and the inheritance may provide just such an ability to purge.)
It appears that you have the basis for a modification. Contact me to discuss this and actions to collect arrearages. Modifications cannot be retroactive so it is important to have your case filed as soon as practicable.
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