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I live in Texas and I was wondering if child support can…

Customer Question
I live in Texas...

I live in Texas and I was wondering if child support can take inherenance

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 6 months ago.Category: Family Law
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Answered in 5 minutes by:
11/27/2017
Family Lawyer: JD 1992, Lawyer replied 6 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 6 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Family Lawyer: JD 1992, Lawyer replied 6 months ago

Can you rephrase your question? I'm not sure what you're asking.

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Customer reply replied 6 months ago
I owe on child support and I am wanting to know if they can take that from me
Family Lawyer: JD 1992, Lawyer replied 6 months ago

Yes, there is no exclusion on inherited property for payment of a past due child support obligation. Child support takes precedence over almost everything and any kind of asset can be seized to pay it, other than government programs like AFDC.

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Family Lawyer: JD 1992, Lawyer replied 6 months ago

If you go through each exemption from seizure in Texas, like the one in http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.42.htm, you will note that it always says "except for child support obligations".

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Customer reply replied 6 months ago
Can I give my half to my wife as a gift
Family Lawyer: JD 1992, Lawyer replied 6 months ago

You can but if they do discovery they can reverse the transfer. What I'd suggest you do is go and visit with a local lawyer that does "Trusts and Estates". Sometimes there is a way to set up a trust to protect monies from creditors although I've never seen it done to protect assets from child support claims.

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Family Lawyer: JD 1992, Lawyer replied 6 months ago

I am about to have to leave for a while but will be back on later this evening if you have additional questions.

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Satisfied Customers: 34,389
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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).

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