Can child support take away my wife's inheritance or settlement money? 10 Answers as of May 30, 2013

If I owe back child support and my current wife is going to be receiving a settlement or an inheritance, can child support take it from her?

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Attorney at Law | Maurice Kemp
Not if she keeps it segregated from the community funds. An inheritance is her separate property so long as it is not comingled with community funds.
Answer Applies to: California
Replied: 3/15/2012
HADJIAN LAW P.C. | ZARI HADJIAN
No.
Answer Applies to: California
Replied: 5/30/2013
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
No. It's her separate funds so long as she keeps it separate. Do not put it into an account in both names or into joint property or it may be subject to levy with resulting legal complications. She needs to keep it separate.
Answer Applies to: California
Replied: 3/14/2012
Peyton and Associates | Barbara Peyton
No so long as her money is not commingled in accounts with you.
Answer Applies to: California
Replied: 3/14/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
No. Your spouse has no obligation to pay support. However, if you are behind in payments and the Department of Child Support Services is attempting to attach your accounts, be sure your wife's liquid assets are not in a joint account.
Answer Applies to: California
Replied: 3/14/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Your wife's inheritance is her separate property. She must keep it in an account in just her name, preferably a Trust Account. Do not ever comingle the funds.
    Answer Applies to: California
    Replied: 3/14/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, your current spouse is not liable for your child support obligation.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Offices of Frances Headley | Frances Headley
    The separate property of an individual is not liable for the debt incurred by their spouse before marriage. A child support obligation that does not arise out of this marriage is considered to be a debt incurred before marriage. An inheritance is the separate property of the person who inherits it. Settlement money is usually separate but may contain a community component. You should consult an attorney to review the settlement documents and advise you.
    Answer Applies to: California
    Replied: 3/14/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. Your subsequent wife is not liable for your child support obligation arising out of another relationship. However, your wife should not commingle her settlement or inheritance funds with your funds or community funds. She should keep those funds in a separate account in her sole name, to which you have no access and to which you don't deposit funds.
    Answer Applies to: California
    Replied: 3/14/2012
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