Assembling a longer-term annuity from child support via frozen embryos
“Anti-Abortion Groups Join Battles Over Frozen Embryos” (nytimes, January 19, 2016) has an interesting financial planning angle that the newspaper didn’t explore.
A properly planned career of collecting child support pays better than going to college and working at the median college graduate wage (see Real World Divorce, e.g., the California, Massachusetts, Utah, or Wisconsin chapters). It can provide earnings over a long period of time, e.g., if a plaintiff has the first child at age 18 and the last child at age 40, in Massachusetts the cash will flow until age 63. However, with human lifespan increasing, a plaintiff might want to assemble a portfolio of cashflow-positive children that will pay dividends beyond age 63. Enter the New York Times to show how it can be done!
What if embryos are frozen when a plaintiff is age 30? They can be incubated either by the plaintiff (if female) or via a surrogate at any later date, e.g., when the plaintiff is 60 years old, thus providing a stream of tax-free cash through age 78, 81, or 83 depending on the state. What if the defendant parent has died in the intervening years? Many states allow for a plaintiff to collect child support from the estate of a dead parent.
An advantage of this approach is that, due to the spread in birth years, the amounts of the payments can be roughly double than if children from the same defendant had been born in the same year (e.g., see New York or Wisconsin where the formula is very simple; one child pays 17% of a defendant’s pre-tax income while three children yield only 29% of the defendant’s pre-tax income (remember that the money is tax-free to the defendant, though, so this corresponds to roughly half of the defendant’s after-tax income)). A disadvantage is that the future cashflow needs to be discounted. Given a sufficiently high discount rate it might make more sense to incubate the embryo to term today and invest the child support proceeds in a Vanguard index fund.
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