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Can inheritance money be taken for back child support owed

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My son is my beneficiary and he has 2 children out of wedlock. The mother's say when I die they will sue my son for back child support from the money I leave him. Is there a way I can prevent that? (I have cancer)
Submitted: 9 years ago.
Category: Legal
Expert:  truthfinder replied 9 years ago.

How horrible for them to say that! I am so sorry to hear of your disease and will lift you up in prayer!

Actually, they may not have to sue for the money, the state could take it from the money he inherits just as they can keep tax return income, wages, etc. Anything he has as income is subject to garnishment for child support or what is called arrears (back child support). The best way to avoid this is to have him pay the back support now before the interest is incurred on the arrears by way of his wages from work or in a lump sum to them. Leaving the money to him in the form of bonds or another form of liquidating assets rather than cash would be another way to avoid that. Talking to an Estate Attorney and have them do an estate plan for you will probably be your best way of getting the legal ways for you to leave him money that they can not have garnished. You also must realize that if he is not paying child support now, or if their was a period when he wasn't, and any of the children or mothers were on government assistance, he will be responsible for paying the state back monies as well. I highly recommend contacting an Estate Planing Attorney in your area.

For more on the child support laws of Colorado, go HERE.

If you need further assistance, please contact me with additional information or questions. Good luck & God bless!

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