View Full Version : Can child support take from ira?
studio106
Nov 28, 2011, 11:20 PM
I just was informed that I inherited an ira from my mom due to her death. I have a backpay of child support due to me returning to school. I asked for a reduction of child support and was denied. The court stated my return to school was a privilege and a choice and my child shouldn't suffer for that. My question is now that I inherited my moms ira can it get garnished by child support.
ScottGem
Nov 29, 2011, 04:57 AM
First, this is probably NOT an inheritance. If you were named the beneficiary of your mother's IRA, then it passed to you OUTSIDE her estate.
If it remains in an IRA it probably cannot be touched, but if you cash out the IRA, then the support collection agency can seize those funds.
excon
Nov 29, 2011, 05:33 AM
My question is now that i inherited my moms ira can it get garnished by child support.Hello s:
Scott is probably right. He usually is.. In this case, I HOPE he's wrong. If I were to vote on WHO should benefit from your IRA, it would be your child - NOT you. Even if they CAN'T get it, why don't you step up to the plate and take care of your children??
excon
cdad
Nov 29, 2011, 05:37 AM
It is income and not a protected source. If you get funds from it either in lump sum or in payments then they can take what they can as the law allows. Also if you just leave it there they can put a lien on it so one way or another your going to pay. There is no relief for chid support.