Skip to main content

How to protect my inheritance from a child support lien?

Houston, TX |

If I owe back child support and my mother left everything to me is there anyway to avoid having a lien place on any property and money that was left to me.

Attorney Answers 2

Posted

I would retain the services of an estate planning attorney. The question you ask is far too complex to address in this small space. I often send people to W. Kevin Alter in the Houston area. I don't receive any money for this referral.

Please also consult an experienced family law attorney regarding the definition of net resources in the State of Texas. A judge can consider many things when considering child support.

You can certainly read the current TX Family Code which is available on-line. I'm sure that you are aware that your assets are discoverable in litigation.

Harris county family judges take a dim view of parents that attempt to hide their assets to avoid supporting their children. I strongly urge you to immediately hire legal counsel to assist you in making smart decisions that will avoid you spending money unwisely in the future.

If you put money or property in someone else's name then it belongs to them and you lose ownership of it. If you put it in a trust then again you are limited. If you put it in an IRA again there are limitations. I urge you to seek legal counsel before doing anything. There are pros and cons to any action you take. No competent attorney is going to make recommendations without first meeting with you in person and discussing your situation.

Mark as helpful

1 lawyer agrees

Posted

The short answer is "no". A child support lien arises by operation of law and attaches to all property. I don't mean to be flip but if you get an inheritance it is an opportunity to take care of your court ordered obligation to pay child support. Why don't you use it to pay off the support so you don't have that worry hanging over your head? Child support never goes away and accrues at six percent interest.

Please be advised the posting of this answer does not create an attorney-client relationship. Karen L. Marvel and the Law Office of Arthur G. Augustine, as a condition of their employment, require a signed written employment agreement prior to formally establishing an attorney-client relationship with any person.

Mark as helpful

2 lawyers agree

1 comment

Fran Brochstein

Fran Brochstein

Posted

Ms. Marvel is correct. I totally forgot to cover this aspect of c.s. in my answer -- the 6% interest accrues & gets huge over time. Plus, it ruins your credit. The past due child support will be taken out of your Social Security when you retire! It is not dischargeable at bankruptcy either. It is a debt that NEVER goes away.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics