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LOTTERY WINNINGS AS “INCOME” FOR PURPOSES OF CHILD SUPPORT
Laura Wish Morgan
Lottery winnings are generally considered “income” under the child support guidelines, even if the winnings are taken in a lump-sum rather than a pay-out over time. County of Contra Costa v. Lemon, 205 Cal. App. 3d 683, 252 Cal. Rptr. 455 (1988); In re Marriage of Bohn, 26 Fam. L. Rep. (BNA) 1188 (Colo. Ct. App. 2/3/00); In re Marriage of McCord, 910 P.2d 85 (Colo. Ct. App. 1995); In re Marriage of Gudzelak, No. CN90-10675 (Del. Fam. Ct. 10/23/93); In re Marriage of Boyden, 164 Ill. App. 3d 385, 517 N.E.2d 1144 (1987); Green v. Scott, 687 So. 2d 655 (La. Ct. App. 1997); Darden v. Darden, 66 N.C. App. 432, 311 S.E.2d 600 (1984) (father’s income was not limited to sporadic income from job, but included income from gambling and numbers running); Pratt v. McCullough, 100 Ohio App. 3d 479, 654 N.E.2d 372 (1995); Moore v. Youngquist, No. 10A01-9012-CH-00433, 1991 WL 57982 (Tenn. Ct. App. 4/19/91) (holding that lottery winnings paid to the winner over time should be considered income for child support); Gerrits v. Gerrits, 167 Wis. 2d 429, 482 N.W.2d 134 (Ct. App. 1992); Underkofler v. Underkofler, 834 P.2d 1140 (Wyo. 1992). But see Knapp v. Levy, 245 A.D.2d 1027, 667 N.Y.S.2d 563 (1997) (one-time prize of automobile is not income).
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