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  • loans to children etc

    Hello. There is a clause that my spouse wants to put in saying that any gifts, income, loans, etc up to 25K do not affect support payments.

    This sounds strange to me and I think my spouses parents would send money to the kids via a loan or gift up to 25K per year and then my spouse would control that money.

    25K sounds like a lot too and the children are still very young right now.
    Can someone help me understand this.

  • #2
    I think what it implies that any gift of monetary value cannot be included as spouse"income" when the annual adjustment is calculated for child and spousal support. It also implies that neither spouse cannot imply that the gift of money is to be included or counted as support. If your ex's parents want to gift your children money it is not up to you to decide how it is spent or where it would go and your ex would control that money and that is with or without a clause. If my parents give my children a gift of money of $25 OR $25,000 my ex will never have any say. That is none of my ex's business TBH.

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    • #3
      If it is truly gifted money for the kids, sounds fine to me. But can also be a good way to hide $25, 000 of income. I would not die on this hill. It's not that much money in the grand scheme of things. Unless you have more than one kid.

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