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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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Is my inheritance considered as a part of my child ...

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Is my inheritance considered as a part of my child support payments? I received part in a trust that my sister is trustee for and the other half I received personally. My ex-wife is taking me back to court and I am hoping that this is excluded. I am current on my payments if this is not to be included. I live in Texas.


Every state has acknowledged that an inheritance can be considered when determining child support payments. However, generally the determination of how much is to be included is based on the income generated by the inheritance, and not the value of the inheritance itself. So in other words if you inherited a home that was worth $250,000, and you decided to live in that home, the court would not view that as income and it would not likely be included for the calculation of child support. On the other hand, if you rented out the home that you inherited, then the rental income could be included in your income for purposes of calculating a child support payment.

If you are receiving income payments from the trust, then in all likelihood the income from the trust could be considered when determining your child support obligations. You really need to seek the help of an attorney who is experienced in this area of the law, as he will no doubt have some suggestions for how you should be handling this inheritance to give you the maximum protection as far as minimizing any increase your ex spouse may be seeking in child support payments.

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Customer: replied 9 years ago.