Can the state take money from my inheritance for back child support?

My aunt in another state passed away and as far as I can tell left me money in her Will. Don’t have a

problem paying child support when I know it will be used for my children,which I know won’t be.

Asked on October 26, 2017 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you don't voluntarily pay back child support, the state can potentially take the funds from any money you inherit. An inheritance is not exempt or protected from child support. Whether or not you believe that the money will be used for you child, if this is the amount you were ordered to pay (or agreed to pay in, say, a divorce settlement), you *must* pay it until and unless you get a court to reduce the amount. If you believe you are overpaying and/or that the money is not being used for your children, speak with a family law attorney about bringing a legal action to try to have the amount of support reduced.

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