Can I Put A Lot Of Money Into My Children's 529 Plan To Avoid Paying My Ex-wife
Money yous earn after your divorce is generally yours, but your ex-married woman tin can still become her hands on it in some cases.
You might realize that every dollar y'all earn during marriage is merely half yours, but you may not be equally certain virtually the money yous earn later you and your wife split up. Every bit a full general rule, the money you earned during marriage is marital, and what yous earned after is separate. Simply your ex-wife tin withal get her hands on it in some cases.
Equitable Distribution and Community Property
While important differences between community property (CP) and equitable distribution (ED) do be, both systems employ similar definitions of marital property. In general, marital property consists of all property acquired or earned between date of marriage and either date of separation or another engagement set up forth in state police force. The law will usually make an exception for souvenir and inheritance property. The important event in your ex'due south entitlement is when you earned the coin in question. Your ex-wife could get part of something you receive after your marital manor stops accruing if you earned it during the spousal relationship, but it wasn't paid until afterward. Bonuses and commissions are skilful examples.
Child Support
While not direct laying claim to your post-divorce income, your ex-married woman could indirectly benefit from an increase in your kid support obligation.Guidelines-based systems now in effect in every state set child support based upon, amidst other things, the bodily incomes of the parties as they exist at the time of hearing. As such, if yous get a heighten betwixt appointment of separation and the fourth dimension kid support is actually resolved, your back up obligation will be college due to this post-separation increase in income, and subsequent raises will ratchet upwards your obligation with each modification motion.
Alimony Modification
Pension is a harder payment to predict than child back up. Amount, duration and entitlement vary widely, non just among united states, but among the family unit court judges in a given county. Typically, if y'all accept to pay alimony the amount volition be based largely upon your ex'southward need for support in order to maintain her in the standard of living to which she became accustomed during the marriage and upon your ability to pay for it. Depending on your financial circumstances at the alimony hearing, the courtroom may have awarded less alimony than your ex needed. If y'all're suddenly making more than money and can now pay more alimony, country law may allow for a modification.
Attorney Fees Where Commanded
Some states accept laws assuasive a litigant to request an award of chaser fees from the other side in connection with certain family unit law claims. North Carolina, for example, allows for an award of counsel fees related to kid custody, child support and pension. While the specifics of chaser fee statutes volition vary from state to land, there will normally be some kind of explicit or implicit requirement that the requesting party be unable to pay her lawyer without your aid. The court may, therefore, look at your income and make up one's mind that y'all tin can use that big, juicy heighten y'all just got to help your ex pay her lawyer.
Source: https://www.sapling.com/8108048/exwife-money-earned-after-divorce
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