If you have recently won the lottery, you may be tempted to tell everyone, which could put you and your children in a dangerous or unpleasant spot. (Just look at what happened to this guy from Georgia.) Even mentioning it to your ex-spouse is not advisable, no matter how "friendly" the two of you may currently be. If you are post-divorce when you win the lottery, you may encounter several financial complications involving your ex. Here are some possible expectations to have regarding this situation, and how your divorce lawyer can help.
Your Ex Will Sue for Full Custody and/or More Child Support
Not surprisingly, when an embittered ex-spouse hears that you have won the lottery, he or she may attempt to sue you for:
- Full custody of the children if you share custody (the parent who has full custody can sue for full child support)
- More child support or an advancement of future child support payments
In some states, judges may determine that your ex is entitled to some of your winnings, but your lawyer can argue that your ex then has no further right to sue for child support for the next several years. If you would like more time with your children than you presently have, you could counter-sue for more custody. By proving that you now have more than enough money to address the children's needs and even hire a qualified nanny to look after them if you are not around or working, the courts may view you as a more favorable choice. (Not everyone quits their job after winning the lottery.)
Your Ex Will Sue for More Alimony
This area is a little more gray in legal terms. While your ex was "entitled" to half of everything after the divorce was filed, he or she is not necessarily entitled to half of your lottery winnings. Because your divorce has been finalized, the winnings are strictly yours, but your ex could sue for an increase in alimony payments, thanks to your new found wealth. However, your lawyer can negotiate new alimony terms with your ex and his or her lawyer. It is very probable that you do not have to lose any of your winnings. There are different ways around this issue, all legal and all of which your lawyer can help you navigate.
Your Ex Will Take You to Small Claims Court
If the child support and alimony approaches fail, your ex may try to take you to small claims court for "hardship" or "pain and suffering" as well as anything else that may apply. This is not uncommon, and your lawyer will show the courts that these accusations or claims are false and/or misleading. In the end, to pre-empt any courtroom drama, your lawyer may even advise you to give a one-time lump sum to your ex, via his or her lawyer. Usually, this is enough to stop the financial drain of constant courtroom visits with someone who is probably not going to give up until he or she gets a piece of your lottery winnings.
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