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I live in Texas and do receive payments from a 401K that I…

Customer Question
I live in Texas...

I live in Texas and do receive payments from a 401K that I inherited from my mother when passed away.

Lawyer's Assistant: Have you talked to a tax professional about this?

What can I do to help protect that money. It is really what pays the bills after child support and health care are taken out of my pay check.

Lawyer's Assistant: Anything else you want the Accountant to know before I connect you?

Yes but they were not sure

Submitted: 2 months ago.Category: Family Law
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Answered in 4 minutes by:
5/1/2018
Family Lawyer: emc011075,
 replied 2 months ago
emc011075
Category: Family Law
Satisfied Customers: 3,864
Verified

Hi. My name is ***** ***** I will be happy to help you.

From who are you trying to protect it?

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Customer reply replied 2 months ago
Going back to court to get child support lowered due to lower income job I had to take after being laid off.
Customer reply replied 2 months ago
hope to keep it from being considered in figuring out child support
I currently work as a teachers aide at a middle school. after taxes and child support and health care are taken out my take home is only $135 a month and the $1100 I receive from the 401k monthly doesn't get me by.
Family Lawyer: emc011075,
 replied 2 months ago

I see. But that's not a tax question, you are in the wrong category.

Let me switch it for your.

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Customer reply replied 2 months ago
okay the first person I spoke to sent me to you
Family Lawyer: LegalGems, Lawyer replied 2 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
Experience: Experienced Family Law Attorney
Verified
Hello. Thank you for your patience as your question was rerouted.
Unfortunately inheritance (or the income from the inheritance) may be considered when there is a child support modification. The court has discretion as to whether it should be factored into the calculations.
If the child's needs are being met and the obligor parent is having difficulty getting by on their income and inheritance then generally it will not be considered since a parent needs a sustainable income source.Further questions please post here otherwise kindly rate positively. Thank you.
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Customer reply replied 2 months ago
my children's needs are being met. When i recieved my inheritence i had paid off the house we had. The spit in the sale of the house was enough for my ex to purchase a new home
While my income took a turn for the worst she has done well at her job and her boyfriend that she was cheating on me with sold his house and moved in with her. I know his income obviously is not concidered but would my ex's income be considered?
She has also applied for SSI for my son who has autism.
Would the extra she receives from SSI be considered?
Customer reply replied 2 months ago
considered in calculating the amount of child support I pay
Family Lawyer: LegalGems, Lawyer replied 2 months ago
I am sorry you had to experience this.
Both parental income can be considered. Additionally if a parent is sharing living expenses with a new partner the court can consider the fact that the parties are splitting expenses which leaves more income available as far as child support calculations go. One moment please.
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Family Lawyer: LegalGems, Lawyer replied 2 months ago
A disabled child's SSI does not generally affect support obligations, but child support may reduce their benefits.
Please see
https://www.ssa.gov/policy/docs/policybriefs/pb2004-02.htmlOne moment please
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Customer reply replied 2 months ago
if my ex waited and child support was lowered...she might receive more SSI benefits?
Customer reply replied 2 months ago
I doubt she will...I haven't spoken to her after knowing about her infidelities. I will only communicate with her via email
Family Lawyer: LegalGems, Lawyer replied 2 months ago
it is possible since child support is used in determining child support.
Thank you for your patience. I was unable to locate a case that dealt with whether the court will lower child support based on SSI. The guidelines do not provide for it but the court has the discretion to deviate from guidelines and use any information deemed relevant.
https://texaslawhelp.org/article/child-support-medical-support#toc-10
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Family Lawyer: LegalGems, Lawyer replied 2 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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