Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

In Texas, can child support be deducted from an inheritance

Customer Question
In Texas, can child support...
In Texas, can child support be deducted from an
inheritance by the non-custodial parent who
pays child support at present
Submitted: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
7/19/2010
Family Lawyer: Legalease, Lawyer replied 7 years ago
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,386
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Verified

Hello. I guess I need a bit of clarification here.

DId custodial parent receive an inheritance and because of that the non custodial parent believes that it is okay to reduce child support payments?

Can you explain WHO got the inheritance?

Ask Your Own Family Law Question
Customer reply replied 7 years ago
i am the non-custodial parent who may be receiving an inheritance ($150,000). I am current on my child support. I just want to know if I need to pay her a portion of the potential inheritance?
Family Lawyer: Legalease, Lawyer replied 7 years ago

Hello again -- just a few more questions (sorry):

1. Were you married to the mother of your children?

2. If so, are you divorced or just separated?

3. If you are divorced, does your divorce settlement agreement discuss inheritances at all?

Once you answer these questions I can give you your answer.

Ask Your Own Family Law Question
Customer reply replied 7 years ago
I was married to the mother of my children
We have been divorced for 4 years
No discussion of inheritance in the divorce decree
Family Lawyer: Legalease, Lawyer replied 7 years ago

Hello. Although Texas is a community property state, gifts or inheritances received during the marriage by one spouse are NOT part of the marital estate (so even if you had received this inheritance during the marriage, she was not entitled to any portion of the inheritance as part of the marital settlement). It follows that is she was not entitled to any portion of the inheritance during the marriage then she is most definitely not entitled to any portion of it after the divorce for herself. However, you are right to be concerned that she may try to take you back into court for an increase in child support payments based upon the fact that your circumstances have improved by the inheritance, but in addition to showing the court in Texas that you received an inheritance, she must also show that she has a definitive financial need for an increase in the support payments - she should not end up with a better standard of living than when she was married to you in the event the support payments are increased from your inheritance. If she does apply to the family court for an increase in child support payments because of it, your best bet is to try to work something out where you actually put a few thousand dollars aside for the kids in trust accounts for their later college educations or something like that -- that way you can argue to the court that this was a one time payout of a small inheritance (150K is not a lot of money these days) and your income has not actually increased under the Texas child support guidelines, so in order to be assured that she is not benefiting from the inheritance (because she is not entitled to do so), your overall support payments should not be increased -- instead money should be set aside for the education of the children in a college savings account or another type of trust arrangement, which can only be accessed upon your death (child support from you will end) in which case the monies could be used as substitute child support payments until the fund is depleted. There are a few ways in which you can approach this rather than just a straight increase in support payments -- it will depend upon her current standard of living and the judge you get in a modification hearing -- but such an arrangement may be possible and I am sure preferable to you rather than seeing her benefit directly from the inheritance.

GOOD LUCK

Please press the GREEN ACCEPT BUTTON so I will be paid for my time

THANK YOU

Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,386
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Verified
Legalease and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,386
16,386 Satisfied Customers
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,514 satisfied customers
Look at marital settlement agreement below, and let me know
please look at marital settlement agreement below, and let me know if my friend Irina is not getting scammed in any way. Such as annulment instead of divorce and so on.also I have 2 additional pdf fil… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
Custody parent loses driver license can non custody parent
custody parent loses driver license can non custody parent get or file for custody … read more
Bill Attorney
Bill Attorney
law
1,429 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
Can the court deviate from the ohio child support guidelines
Can the court deviate from the ohio child support guidelines in any child support award? In other words, can the court issue an award that does not fall within the child support guidelines...if so, un… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
My child is 19 and mother never asked for child support. is
my child is 19 and mother never asked for child support. is it too late? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I need to change the custody and child support on my divorce
I need to change the custody and child support on my divorce decree … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
The marital settlement agreement states: It is understood
The marital settlement agreement states: It is understood that the child support specified under this SECTION 6 is modifiable by a court of competent jurisdiction, if warranted by changed circumstance… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
I recently filed for child support. The non-custodial parent
Hi! I recently filed for child support. The non-custodial parent is out of state. Would the child support laws be for my state or his? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This question is regards to a Marital Settlement Agreement
Hi, this question is regards ***** ***** Marital Settlement Agreement in state of FL. I inquired about this issue a few days ago, but I wanted to re-ask about a few questions I have:1. So my friend an… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about child support guidelines for
I have a question about child support guidelines for Missouri for children over 18. My son has been enrolled in college full time however he did not complete 1/2 his courses the first semester and the… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
I am divorced. 3 kids from that marriage on child support
I am divorced. 3 kids from that marriage on child support under New York law, now getting divorced a 2nd time, 2 kids this time. Does my obligation to the first 3 have preference in the calculation of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
For NY State Child Support Guidelines, what are the
For NY State Child Support Guidelines, what are the guidelines for the following:1) Obligations to pay Un-reimbursed Medical Expenses 2) Obligations to pay Out-of-Network Medical Expenses 3) Obligatio… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x