# Hypothetical Child Support Question (if I win the lottery)



## SecondTime'Round

So, if someone wins the Powerball and they are divorced with children, would that money be considered income for child support purposes? Would I end up having to essentially share it with my ex husband? 

Feeling lucky .


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## arbitrator

SecondTime'Round said:


> So, if someone wins the Powerball and they are divorced with children, would that money be considered income for child support purposes? Would I end up having to essentially share it with my ex husband?
> 
> Feeling lucky .


*I can speak only for Texas.

Unless you are in arrears for prior child support, or if your existing minor children are clearly more destitute than you are while living with an ex-spouse as custodial patent, the answer would be no! However, the custodial parent can always duly petition the court of jurisdiction to raise child support because any additional wealth that that a non-custodial parent comes into, as long as the children are minors or are full-time college bachelors degree students in good standing, per the language of the divorce decree, can be used to adjust the support of these children!

If you are in any kind of monetary debt, then that debt must be fully paid off unless you can satisfy to the judge's rationale why it should not be paid!

As far as inheritance is concerned, if a valid will is in force, either written or holographic, no outside party can touch it. With no will in place, the state gets to dictate the outcome ~ and which usually includes them!

I, however, would highly recommend consulting legal counsel within your domicile to see exactly what the laws are regarding this subject matter!*
_Posted via Mobile Device_


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## happy2gether

I know here in MS it is not automatic, but the custodial parent can take it to court for an adjustment. My first ex did that to me because my support was so low when initially set due to my low income at the time. later as my income rose she would take me back to court 3x for increases. Funny thing was after the first time I learned to go ahead and make a slightly larger increase than the court would order. So in a couple years she would take me to court and the judge actually told her that if I wanted I was ahead on support and could cease payments for a year. that shut her up quickly!


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## Anubis

arbitrator said:


> *I can speak only for Texas.
> 
> Unless you are in arrears for prior child support, or if your existing minor children are clearly more destitute than you are while living with an ex-spouse as custodial patent, the answer would be no! However, the custodial parent can always duly petition the court of jurisdiction to raise child support because any additional wealth that that a non-custodial parent comes into, as long as the children are minors or are full-time college bachelors degree students in good standing, per the language of the divorce decree, can be used to adjust the support of these children!
> 
> If you are in any kind of monetary debt, then that debt must be fully paid off unless you can satisfy to the judge's rationale why it should not be paid!
> 
> As far as inheritance is concerned, if a valid will is in force, either written or holographic, no outside party can touch it. With no will in place, the state gets to dictate the outcome ~ and which usually includes them!
> 
> I, however, would highly recommend consulting legal counsel within your domicile to see exactly what the laws are regarding this subject matter!*
> _Posted via Mobile Device_


In Texas there is also is an income cap for the purposes of determining child support, which I think was $7500 a month until recently. So a person making $9000 a month would have the same calculated payment as a person making $7500 a month. Variances from the state formula (20% for one kid, 25% for 2, etc) were only allowed in the case of exceptional needs (disabled child,, etc) and "because mom wants more" was not considered an exceptional need. 

However, in Texas, in the cases of "exceptional income" (someone makes $1Million a year, etc), the attorneys could petition the court to get a child support ruling that sets aside the state formula and laws. Look up the child support case for ex NFL star Dion Sanders in Dallas for example.

Texas is probably in the minority though in terms of clearly defined rules and limits on Child Support. Laws vary from state to state, and the best resource I have found is Real World Divorce.


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## ExiledBayStater

SecondTime'Round said:


> So, if someone wins the Powerball and they are divorced with children, would that money be considered income for child support purposes? Would I end up having to essentially share it with my ex husband?
> 
> Feeling lucky .


I believe in NH you would, but only the first few million.


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## Chuck71

Not if you put it in an LLC

I know in Kansas you are not forced to divulge your name if you won millions.

Leave it to your child but not until a certain age(s). Make yourself the overseer and write yourself a 

"modest" check for "overseeing"

Would not have replied but Powerball is expected to be at 900 by tomorrow.


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## Chuck71

happy2gether said:


> I know here in MS it is not automatic, but the custodial parent can take it to court for an adjustment. My first ex did that to me because my support was so low when initially set due to my low income at the time. later as my income rose she would take me back to court 3x for increases. Funny thing was after the first time I learned to go ahead and make a slightly larger increase than the court would order. So in a couple years she would take me to court and the judge actually told her that if I wanted I was ahead on support and could cease payments for a year. that shut her up quickly!


OMFG :rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl:


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