colorado. My question is, If I owe back child support, I know that support enforcement can garnish wages, sieze tax returns, ect. A parent recently passed away and left me some money in an inheritance. Can they take that too? The case stems from Kentucky where the child and mother live. I live in colorado. Thanks.
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support enforcement
- Thread starter davohop
- Start date
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Proserpina
Senior Member
Yes they can.colorado. My question is, If I owe back child support, I know that support enforcement can garnish wages, sieze tax returns, ect. A parent recently passed away and left me some money in an inheritance. Can they take that too? The case stems from Kentucky where the child and mother live. I live in colorado. Thanks.
EnforceSupport
Member
Once the money comes into your possession, it is most likely subject to garnishment/seizure. Before the money gets to you, there are a number of relevant factors:
1) Where did the decedent die?
2) Did the decedent have a will or trust?
3) In what state is the will/trust being probated or administered?
4) Did the will/trust have a spendthrift provision and what were the limits?
5) What is the law of the relavent state regarding spendthrift provisions and support obligations?
You don't need to answer any of these questions for me because I won't be able to advise you. The crucial point is this. Most wills/trusts contain something called a spendthrift provision. Such provisions are in place in order to protect the inheritance from creditors of the will or trust (usually, the decedent wants the money going to their heir or beneficiary, and not to his/her creditors.) So, then the question becomes, if there was a spendthrift provision, can it be disregarded in whole or in part, pursuant to the law of the state in which the will or trust is being administered.
Call an attorney in the state where the person died, or, where the will/trust is being administered. Having said that, I like the comment about paying off the debt given some new found wealth. (Maybe you can negotiate a discount, especially if the creditor couldn't get to the money anyway.)
1) Where did the decedent die?
2) Did the decedent have a will or trust?
3) In what state is the will/trust being probated or administered?
4) Did the will/trust have a spendthrift provision and what were the limits?
5) What is the law of the relavent state regarding spendthrift provisions and support obligations?
You don't need to answer any of these questions for me because I won't be able to advise you. The crucial point is this. Most wills/trusts contain something called a spendthrift provision. Such provisions are in place in order to protect the inheritance from creditors of the will or trust (usually, the decedent wants the money going to their heir or beneficiary, and not to his/her creditors.) So, then the question becomes, if there was a spendthrift provision, can it be disregarded in whole or in part, pursuant to the law of the state in which the will or trust is being administered.
Call an attorney in the state where the person died, or, where the will/trust is being administered. Having said that, I like the comment about paying off the debt given some new found wealth. (Maybe you can negotiate a discount, especially if the creditor couldn't get to the money anyway.)
EnforceSupport
Member
Why is negotiating a discount on child support so nuts?
While not favored by the law in many states, it is, as a very practical matter, a necessary and smart thing to do, at times.
While not favored by the law in many states, it is, as a very practical matter, a necessary and smart thing to do, at times.
Artemis_ofthe_Hunt
Senior Member
really? How far behind are you in child support, either getting or paying?Why is negotiating a discount on child support so nuts?
While not favored by the law in many states, it is, as a very practical matter, a necessary and smart thing to do, at times.
EnforceSupport
Member
Assume these facts:
Both CP and NCP are 50 years old.
NCP owes $100,000 in past due support
NCP is dead broke, no assets & disabled with no chance of recovery.
Garnishment from meager disability would yield $500/month.
NCP offers to pay a lump sum of $50,000 in complete satisfaction, which sum he will borrow from him brother.
All I am saying is that there are times when a percentage of something is worth more than 100% of nothing. The above scenario contemplates at least $500/month, so CP does have some thinking to do. However, there are cases where not even a $500/monthly payment is forseable.
Please, don't misinterpret this post and infer that I am suggesting giving up or not using all remedies available. What I am saying is that sometimes, it is worth considering a discount. There are many, many factors to be considered though.
Both CP and NCP are 50 years old.
NCP owes $100,000 in past due support
NCP is dead broke, no assets & disabled with no chance of recovery.
Garnishment from meager disability would yield $500/month.
NCP offers to pay a lump sum of $50,000 in complete satisfaction, which sum he will borrow from him brother.
All I am saying is that there are times when a percentage of something is worth more than 100% of nothing. The above scenario contemplates at least $500/month, so CP does have some thinking to do. However, there are cases where not even a $500/monthly payment is forseable.
Please, don't misinterpret this post and infer that I am suggesting giving up or not using all remedies available. What I am saying is that sometimes, it is worth considering a discount. There are many, many factors to be considered though.
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