Shoals, IN asked in Child Support for Indiana

Q: If I inherit property from my father can child support put a lien on the property for back child support that is owed

The child is an adult now.There is no child support order just the old support that is owed

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1 Lawyer Answer
James A Hanson
James A Hanson
  • Fort Wayne, IN
  • Licensed in Indiana

A: The answer depends on information not provided in your question. Those details are best discussed directly with an attorney, in any event.

If the back support has been reduced to a judgment against you, then your ex can use normal debt collection processes to collect the back support. If your ex uses a Proceeding Supplemental, it is possible to pursue an inheritance.

If the prosecutor's office was involved in collecting the child support and is still actively in the case, it is also possible that they would pursue the funds IF they know about the inheritance. This could happen by means of probate court filings, if your father's estate went through probate court.

If you are the beneficiary of an irrevocable trust from your father's estate with the proper language for distributions, it is possible to shield the inheritance from back support.

If you are concerned about the exposure of these funds to your back support obligation, you should at least seek out a consultation with an attorney to discuss the details of your case and weigh your options.

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