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Thread: Inheritance and Child Support

  1. #1
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    Default Inheritance and Child Support


    What are the California laws dealing with inheritance and child support?

    Can an inheritance be forced to be used to pay Child Support? I know
    that an inheritance cannot be used to pay Spousal Support but was
    wondering with the other case.

    Would it be beneficial to place an inheritance in a separate account?

    My purpose is not to avoid paying C.S. I find it contemptable that
    so many things can be "attached" just in case Child Support is not paid.

    For example, wages and a lein on real estate simply "in case" CS isn't
    paid although there is no history of nonpayment.

    b.


  2. #2
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    Default Inheritance and Child Support

    <barry@psyber.com> wrote:
    What are the California laws dealing with inheritance and child support? Can an inheritance be forced to be used to pay Child Support? I know that an inheritance cannot be used to pay Spousal Support but was wondering with the other case.
    In inheritance is separate property, which need not be divided with
    a spouse. But that's not the same as spousal support. If someone
    owes spousal support and receives an inheritance, that money can be
    garnished to pay either spousal support or child support.

    If you mean, can inherited property be taken into account when
    calculating the amount of child support or spousal support? I
    don't do family law. My guess is that it can be but normally isn't
    unless there's a good reason.

    Stu


  3. #3
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    Default Inheritance and Child Support

    barry@psyber.com wrote:
    What are the California laws dealing with inheritance and child support? Can an inheritance be forced to be used to pay Child Support? I know that an inheritance cannot be used to pay Spousal Support but was wondering with the other case. Would it be beneficial to place an inheritance in a separate account? My purpose is not to avoid paying C.S. I find it contemptable that so many things can be "attached" just in case Child Support is not paid. For example, wages and a lein on real estate simply "in case" CS isn't paid although there is no history of nonpayment.
    Insufficient detail. If your inheritance is in the form of an income
    stream, yes it's income like any other income. If you mean, can a lump
    sum payment be hit to make up for missed child support payments, then
    yes to that too because it's among your assets.

    If you have a lump sum distribution, I doubt it'll be classed as income.
    For example, if you make $30k / year but one year you got a $20k
    inheritance in one lump sum, I doubt CA would classify your income up to
    the $50k level. I say 'doubt' because I"m not familiar with recent CA
    laws on child support. No place I'm familiar with would so classify.

    Why not just ask your local agency which deals with this? If the answer
    you get is unfavorable, then a visit to a local asset protection or
    estate / tax lawyer is in order to see how you can shelter this stream
    from your ex.

    -paul
    ianal


  4. #4
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    Default Inheritance and Child Support

    barry@psyber.com wrote:
    What are the California laws dealing with inheritance and child support? Can an inheritance be forced to be used to pay Child Support? I know that an inheritance cannot be used to pay Spousal Support but was wondering with the other case.
    I'm not a lawyer, but my understanding is that separate property
    of the new spouse cannot be attached for child support -- and
    an inheritance is usually separate property.

    (I accept your statement, which I snipped, that you're not interested
    in avoiding paying child support, but just don't want property
    attached. If I didn't, I probably wouldn't have answered.)

    --
    This account is subject to a persistent MS Blaster and SWEN attack.
    I think I've got the problem resolved, but, if you E-mail me
    and it bounces, a second try might work.
    However, please reply in newsgroup.


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