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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
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Answered in 2 minutes by:
7/19/2010
Family Lawyer: Legalease, Lawyer replied 7 years ago
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,388
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?

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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.

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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: 16,388
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
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