Subject: Re: CP, NCP & CS From: R Ballard Date: Tue, 8 Nov 1994 06:07:36 -0500
How the Web Was Won
Subject: Re: CP, NCP & CS From: R Ballard Date: Tue, 8 Nov 1994 06:07:36 -0500
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On 3 Nov 1994, Cami Brumburgh wrote:

> In article <0iiEBDu00iV1E2rGh7@andrew.cmu.edu>, Anna Matyas
>  wrote:
> > 
> > I received the following message from someone who can read this
> > group but is unable to post to it.  I am posting it here at her
> > request.
> > 
> [snip]
> > > Our lawyer indicated that she has *NO* claim to my money.  If *either*
> > > parent were to experience a significant change in "status", then the other
> > > one may have a case to have CP adjusted.  Examples of "significant change
> > > in status" included: coming into a large inheritance, winning big on the
> > > lottery, or on the other hand, losing a job/income.  But "getting
> > > married", thus having two incomes instead of one, was NOT on the list.
Sometimes marriage of the NCP can impact the CS.  The indirect result of 
jointly held property (real-estate, stocks, 401K,...) can be construed as 
income and therefore impact child support.  On the other hand, the CP is 
nearly immune.

> I still think the "...coming into a large inheritance, winning big on the
> lottery..." is quite unfair.  Nothing worst than to have your parents die
> and while you're muddling through the mounds of paperwork, attorneys, etc.,
> trying to get everything in order, get a notice from your ex saying she's
> "sorry for your loss, but by the way, I want more money".  

I had the reverse occur.  The CP inherited $60,000, and had it spent 
within 6 months.  Regardless, the inheritance did not impact the overall 
support payment because the increase in income was offset by an increase 
in total support due.  The net effect would have been a net change of 2% 
for that year only.  If I had received the $60,000, the amount would have 
increased with me required to pay the full amount.  I had requested that 
the CP purchase an annuity to ensure income during emergencies.  She 
spent $25,000 on down payment for a house.  She spent $20,000 on car/repairs.
Now the kids need braces and she doesn't have any money.

> Just as well as winning the lottery.  If by some mere stroke of luck (what
> are the odds today? 1:60 million?) an NCP wins a lottery, his ex is allowed
> to take him back to court for an increase in CS?  Being jealous of someone
> else's good (or bad, in the case of inheritance due to death of a loved
> one) fortunes should not constitute taking a piece of it due to greed.  And
> sure, there are exceptions, as there are always exceptions.  

I agreed to a slightly higher initial monthly rate on condition that 
there be no further upward adjustments.  I figure, she got out of the 
marriage when I was making $35,000 in Colorado.  What I make, and where I 
make it, is a function of my choices and consequences.  The cost of 
living in New Jersy is double that of Colorado Springs.  Is she really 
entitled to double the income?

	Rex.
 

From rballard@cnj.digex.net Tue Nov  8 06:17:05 1994
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