Can an Inheritance Cause A Change in Child Support?

The short answer to this is yes.

Inheritances do not form part of the property to be shared at the end of a marriage, but the income on inheritances (for example bank interest or rent on an inherited property) is income for the purposes of child support (but probably not spousal support. The sections of the Child Support Guidelines that cover how to calculate income, do not make any exceptions for income earned on an inheritance. 

Sometimes it can be difficult for a child support recipient to get information about an ex-spouse’s inheritance. For obvious reasons, the support payer may want to keep that private. However, Ontario Family Law requires child support payers to disclose information about inheritances that they have received.

When changing a support order that is not “on consent” (or agreed to by both parents) (here is a video on the process), Rule 13(4.2) of the Family Law Rules requires the support payer to serve and file a financial statement (together with tax Notices of Assessment for three years). On that financial statement, the support payer is required to list all his or her assets (bank accounts, property, cars, etc.) whether they were inherited or not.

In addition, if the disclosure does not allow the support recipient to have a “full understanding of the other party’s financial circumstances” then the support recipient can ask for the necessary additional information, which Rule 13(11) requires to be delivered within 7 days or the Family Court can make an order requiring the disclosure.