Up to 3% of all Georgia residents struggle with gambling disorders, and total gambling losses for US residents easily exceed $100 billion per year. On the other hand, gamblers may also win money in Georgia, whether at a casino, through the lottery, or through sports betting. What happens if you win big as a single parent? How does this affect your child support in Georgia?
Gambling Winnings Count as Income for Child Support Purposes
First, you should know that gambling winnings are not exempt from child support calculations. This money counts as “income,” in almost exactly the same way as your biweekly paychecks. If you win a substantial amount of money, the family court may need to re-examine your situation and modify your child support arrangements.
You Must Modify Your Child Support Agreement to See Changes
With that said, a big win at the casino does not automatically force you to pay more in child support. Instead, your ex must file a petition to modify your payments. If they never file a petition, your payments will not increase.
What if My Ex Never Finds Out About My Gambling Winnings?
You may attempt to keep your gambling winnings secret. If your ex never finds out about this money, they may never have a reason to file a petition to modify support. As a result, they may never gain access to your tax returns or banking statements to discover the existence of your winnings.
You must declare your gambling winnings on your tax returns. If you do not, you face serious legal consequences. Although it may be theoretically possible to hide your gambling winnings from your ex, the right thing to do in this situation is to be open and transparent. Remember, your child could benefit from this money.
A One-Time Win Is Not the Same as Increased Income
Although Georgia courts might classify gambling winnings as “income,” this is really more like a one-time payment. Unlike a raise at work, a gambling win is not a recurring form of income. As a result, family courts may be reluctant to permanently increase your child support obligations as a result of a major gambling win.
Instead, the family court might order you to pay your ex a portion of your winnings. If you’re not comfortable with this, you could negotiate a more direct form of funding for your children. For example, you might place a portion of the winnings into a college fund for your children. With this approach, you can avoid handing your ex cash that they might use for personal spending.
Can a Child Custody Lawyer in Georgia Help Me?
A big gambling win can drastically affect your child support obligations in Georgia, whether you pay child support or receive it. If you have recently won money or you know that your ex recently received winnings, speak with a child custody lawyer in Georgia about your next steps. Lankford & Moore serves families in Georgia, so contact us at (678) 753-4529 today.
