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If you win the lottery while separated?

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  • If you win the lottery while separated?

    If you win the lottery or come into money through a lawsuit after being separated over 3 years is your ex entitled to that money?

  • #2
    Originally posted by Chrysalis68 View Post
    If you win the lottery or come into money through a lawsuit after being separated over 3 years is your ex entitled to that money?
    My understanding is that any increase to child support would come from any income made off that money. You would have to invest the money and any investment income would count as income for CS purposes. As far as the lawsuit goes, I think that would depend on what the lawsuit was for. Did it start during the marriage and take 3 years to settle?

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    • #3
      It's after the separation. The person threatening this is actually in a place that they should be paying as locus parent.

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      • #4
        Originally posted by Chrysalis68 View Post
        It's after the separation. The person threatening this is actually in a place that they should be paying as locus parent.
        its up to a court to decide if they should be paying CS for kids that are not theirs.

        I was told that if I won a lottery that due to the fact we were both seeing lawyers and the separation agreement was being worked on that my ex couldn't try to get half.

        A lawsuit is a different thing. Was it a result of something that happened during the marriage?

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        • #5
          Originally posted by Berner_Faith View Post
          My understanding is that any increase to child support would come from any income made off that money. You would have to invest the money and any investment income would count as income for CS purposes. As far as the lawsuit goes, I think that would depend on what the lawsuit was for. Did it start during the marriage and take 3 years to settle?
          How about if there are losses? Would that come off your income for calculating cs? Seems kind of one sided.

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          • #6
            Originally posted by Once.is.enough View Post
            How about if there are losses? Would that come off your income for calculating cs? Seems kind of one sided.
            I think it has to be invested in a low risk thing like a GIC or something. I am not sure though.

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            • #7
              Originally posted by Once.is.enough View Post
              How about if there are losses? Would that come off your income for calculating cs? Seems kind of one sided.
              Anything that effects your income reflects your CS obligations. I believe if you search this form it was been discussed before but you have an obligation to invest some of the money. But I mean really... if you win millions of dollars why would you be so concerned about paying an ex a little more for the child?

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              • #8
                You guys are assuming that I am the one that pays cs. Its a second marriage and my soon to be ex and I never had children together. It was only a hypothetical question. Just wanted to know about inheritance or any kind of money that might happen after a separation.
                He is trying to threaten this to me if I was to try to get cs from him as a locus parentis. There is no money for him to get at this stage, but someday heaven forbid something ever happened to my parents then there might be some inheritance. I hate when men threaten that type of thing.

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                • #9
                  Originally posted by Chrysalis68 View Post
                  You guys are assuming that I am the one that pays cs. Its a second marriage and my soon to be ex and I never had children together. It was only a hypothetical question. Just wanted to know about inheritance or any kind of money that might happen after a separation.
                  He is trying to threaten this to me if I was to try to get cs from him as a locus parentis. There is no money for him to get at this stage, but someday heaven forbid something ever happened to my parents then there might be some inheritance. I hate when men threaten that type of thing.
                  No we are going on the information you have provided. He can threaten what you want, but depending on the situation he may or may not be entitled to some of the money. If you get SS, he may have a cause for case for a reduction depending on the amount. There are a lot of factors to consider and if you are not going to provide enough details on the situation you are going to get assumptions.

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                  • #10
                    Who has custody?

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                    • #11
                      Originally posted by Once.is.enough View Post
                      Who has custody?
                      The kids in question are hers from a previous relationship. She has suggested she may go after this ex for c/s as she purports that he acted as a parent, or in-loco parentis. She would have to prove this, in court, in order for c/s to be payable, unless he agrees. And it doesn't sound like he will agree to this.

                      And to OP, it isn't only "men" that make such threats.

                      Inheritance, whether it was gained during the marriage or after the marriage is not matrimonial property, so long as it isn't co-mingled with matrimonial property (ie. you get $100k inheritance, keep it in a separate account that isn't joint).

                      And so long as the lottery ticket wasn't purchased during the marriage, it would also be excluded, but the interest from any winnings (generally would have to be significant) would be included as income for determining C/S. For SS, winning the lottery would almost certainly be a material change of circumstances and a reason to revisit SS eligibility and amounts paid.

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                      • #12
                        I have sole custody. As I said He was a step father and doesn't pay any cs. He pays a bit of ss but that will soon end.
                        To me, if I was to suddenly lose everything financially after we split he sure wouldn't want to be part of anything like that, but he is threatening wanting to go after money down the road on me. eg. inheritance etc.

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                        • #13
                          Not quite the same situation but a friend of mine has sole custody of the kids, receives a small amount of CS (low wage earner) from the ex, and has remarried. The new partner won $1,000,000 in a lotto. The ex is still required to pay CS for the kids despite having a much lower standard of income as my friend.

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