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Lottery Winnings: Do They Count For Child Support?

Florida Lemon Laws Used Cars - Lottery Winnings: Do They Count For Child Support?.
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A divorce and following settlement is usually done by going to court. A judge looks at all the income, time married, children involved, and other issues that need to be addressed. But is winning the lottery considered income pertaining to child support payments? After the settlement has been reached can someone want some of the winnings?

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How is Lottery Winnings: Do They Count For Child Support?

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Winning the lottery is not very common, but if it is done, what is the responsibility of the winner to address their settlement payments? When the County of Contra Costa versus Lemon, looked at this issue their decision were rendered for such a situation.

One lucky guy won over a hundred thousand dollars. His ex-wife and their child were living off welfare because he did not make much income himself. But when he won the lottery the District Court Of Appeals decided he should pay the welfare payments from his winnings and to begin paying his ex alimony. So he was made to use his winnings as his form of income.

The IRS and the State consider lottery winnings fair game for taxing and actually tax them higher than other income. So if you are not paying your support and win something like this, it can actually be used to pay any alimony or support you already owe and have not paid so far.

It is considered income if a person invests the winnings and then has interest that they receive every so often. This interest is considered their income and can be used in settlement decisions, or can lead to an ex taking someone back to court to receive more support based on the winnings. Pratt versus McCullough and Moore versus Youngquist also further cemented the fact that if winnings are paid out over time they are also considered potential income.

The Lottery Winners Intercept Program was established in California to make sure that anyone who wins does not owe any back support. If they do, then that amount is taken from the winnings and paid to the ex. This way the deadbeat parent cannot enjoy the winnings without taking care of their responsibilities.

Some other examples of this are in Marriage of Bohn, reMarriage of McCord, Re-Marriage of Gudzelak, and Darden versus Darden which cited that individuals owing support will need to include their winnings as income.

If you are playing the lottery and you do win, you might want to make sure that your responsibilities are taken care of, otherwise you may find that winning the lottery is considered income pertaining to child support payments.

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