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Can my inheritance from my mother be garnished for back child support?

Celina, OH |
Filed under: Child support arrears

My mother just died, and I owe back support. The back support is not because I didn't pay, but a typographical error when the orders were made. I am permanently disabled (I need a lung transplant) and receive disability, and the order was to be what the kids got through my benefits.

When the mistake was noticed, almost 8 years later, I went back to court immediately and while the ruling was in my favor, and the back support was reduced greatly, I still owed a substantial amount. I never have tried to get out of paying. They are mine and I should help support them.

I have never been late on a payment, and it is not ordered to be garnished. I set it up so that it comes out of my checking monthly. I am totally current in my payments and want to know if they can take my whole inheritance?

Attorney Answers 2

Posted

Once the inheritance is deposited into your account, a creditor could conceivably attach it if he gets a judgment and avails himself of the garnishment process. However, to my knowledge the child support agency doesn't attach bank accounts as long as payments are being made, with the exception that they do grab IRS or state tax refunds.

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Posted

John is right but when money is in your account, the general rule is that anyone who is owed money by you and who has a judgment also has the right to garnish the account to get paid on the judgment. You may have the right to contest the garnishment's legality after the fact for certain reasons stated by law only. Note: if this answer was helpful, check the box below.

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