Legal Question in Family Law in Maryland
Inheritance Income as Income for Child Support
I am separated and trying to negotiate a separation agreement. My wife received an inheritance 3 years ago, right after we got married. She put it in a trust and takes money out of it regularly--a lot of money--to travel, buy furniture, clothes, etc. She reported that income in her tax return for the last 3 years. She is refusing to include that money as income for calculating my child support payment. Without that income, I pay 53% of my daughter's expenses, with it, I pay about 30%. I think that her income from the trust should be included in the calculation. Who is right?
2 Answers from Attorneys
Re: Inheritance Income as Income for Child Support
The law is clear that income for CS is gross income. I would argue that she claims it on her taxes so she must use it when she calculates the CS.
I would suggest that you hire an attorney regarding this matter.
Re: Inheritance Income as Income for Child Support
In the Family Law article of the Maryland Code, Sec. 12-201 (c) defines "actual income" for determining the amount a parent must contribute toward child support as income from "any source". There is a list of examples, and sub-secton (3)(viii) is "trust income".
Thus your wife's trust income is clearly part of the equation. If you can't convince her, file a court petition and she will be required to turn over her income records. You will then be able to use the child support guidelines to determine the appropriate amount of support you should be paying.
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