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Asked 6/27/2009

Inheritance vs. Child Support Arrears

A relative left me $$ in his will . The value of the estate is a combination of the sale of his home & the value of the life insurance policies he had. I owe child support arrears in excess of the amount of the inheritance I am due. Can this $$ be intercepted for that child support? The support is court ordered in the state of Md.

 
 
 
 
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Answer 1/7 - Submitted 11/19/2010

Your child/children by law are YOUR responsibility as a parent. If you did not want that responsibility, you should have thought of precautionary measures beforehand. The inheritance should go to pay off your arrears and you should be happy to do so. Would you have wanted your parent to treat you the same? The child did not ask to be put into the middle of this. Be the Adult parent your child thinks you are and take care of the arrears situation.

 
 

Answer 2/7 - Submitted 11/19/2010

That happened to me. I inherrited money from my mothers estate. I was in arrears with child support. I had to pay the child support up to date. The child support agency is very powerful. They find everything. Sorry to say but, you will have to pay the arrears. Good luck.

 
 

Answer 3/7 - Submitted 11/19/2010

Once and for all: Every source of funds EXCEPT Supplemental Security Income (SSI) is available for seizure for child support arrearages. Inheritance, money from life insurance , social security, tax refunds, military pay, worker comp, car wreck settlements, bonuses, stimulus payments, gambling winnings, you name it.

 
 

Answer 4/7 - Submitted 9/5/2011

First of all I'm sorry for your loss. The back child support will have to be paid. They will seize the money to pay the back child support so that your bill is taken care of as a previous poster said only SSI is the only source of money they can't seize for back payment of child support. Good luck to you.

 
 

Answer 5/7 - Submitted 1/19/2012

For those now wondering about the workings of child support with regards to an inheritance, there would unlikely be an intercept as much as an attachment of an inheritance placed in a checking account of the deadbeat dad. It would help if CSE knew of a pending inheritance in order to take action.

Thank you for visiting WebAnswers.

 
 

Answer 6/7 - Submitted 1/20/2012

You have a couple of options here. The first is regarding the insurance policy. Insurance money cannot be garnished or collected against. It is protected as long as it remains with the insurance compny. If you take a check for the full amount and place it into your bank account it can be subject to creditors or for payment of back child support. As for the rest of the inheritance your ex can come after the money. However, if you have been making your payments to bring you up to date on time then, there would be no reason for her to come after that money. Hopefully, you are on a repayment plan. Your ex would also have to know about the inheritance in order to go after it and she will need to take you to court to get the money. Now if she already has a judgement where she can go after funds in your bank accounts then, once the money is there she could at any time without warning take the funds.

 
 

Answer 7/7 - Submitted 2/7/2012

I don't know if intercepted is the word I'd use, but I'd say that these funds are not exempt in any way from being attached for child support purposes. That being the case, there is every chance that someone will come after this inheritance as soon as they find out about it. It might be better to just try to work out a payment plan - assuming you don't already have one - so that you don't have to simply turn everything over in a lump sum.

 
 
 
 
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