Can inherited assets, counted against back due child support?

UPDATED: Jul 24, 2011

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Can inherited assets, counted against back due child support?

My father passed away 2 years ago without a Will. He was divorced for about 1-2 years. His ex-wife was awarded 1/2 of the house and he was ordered to pay back child support. She was the payee of 2 of his insurance policies (which totaled about 65K). She is now trying to sellthe house but wants to subtract his passed due child support out of his part of the home, and she wants to subtract the taxes. She has rented the home out since he passed. Can the rented amount plus the insurance count as child support paid?

Asked on July 24, 2011 Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  So his ex will be selling the house and the remainder of the house will be going back in to his estate for distribution?  Who is the personal representative of his estate?  His ex?  I would assume that once the house is sold half of the proceeds will go back in to the estate pot, so to speak, correct?  Is her intention to deduct his back payments prior to them being deposited?  That would be a no, no.  Once the property is sold the check should be made out to her and The estate of so and so or her and X as the Executor of the estate of so and so.  As for the back taxes on the house, those deductions are off the top of the gross proceeds.  The net proceeds after all the bills are paid are what are divided.  Good luck.

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