Will Illinois Courts Order Me to Use My Inheritance to Pay Child Support?

 Posted on February 28, 2026 in Family Law

Someone who is behind on child support payments who just came into an inheritance of some kind might wonder if the courts will make them use it to pay the unpaid back child support.

The answer is generally yes. If you have questions about how an inheritance might affect your future child support obligations in 2026, a DuPage County family law attorney can review your case and explain your options.

Is an Inheritance Considered Income for Child Support in Illinois?

Child support calculations are based on your income. The Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/505, defines what counts as income for child support purposes. This includes:

• Wages
• Salaries 
• Commissions 
• Bonuses 
• Other regular sources of money

An inheritance is generally not considered income because it is a one-time event, not something you earn through work or investments. However, courts have some discretion here in situations where the inheritance is your only means of supporting yourself. Alos, if you receive an inheritance that generates ongoing income through interest, dividends, or property rental, that ongoing income could be included in your income for purposes of setting your support obligation.

If you inherit a rental property that brings in monthly rent, that rent money might count as income for child support purposes. If you inherit cash and put it in a savings account, the interest earned might be counted. But the lump sum inheritance itself typically is not treated the same way as a paycheck and used to determine or set child support.

Can a Court Order Me to Use My Inheritance to Pay Past-Due Child Support?

If you owe back child support, the court has much more power to reach your inheritance. Past-due child support is a debt you owe, just like any other debt. Illinois courts can use different tools to collect unpaid child support, including wage garnishment, tax refund interception, and liens on property.

When you receive an inheritance, it becomes part of your assets. If you have a child support arrearage (debt), the court can order you to use part of your inheritance to pay what you owe. Because child support is meant to provide for your child’s basic needs, courts are not tolerant of unpaid support if you have the means to pay it.

This does not mean the court will automatically take your entire inheritance. The court will look at how much you owe, how much you inherited, and your overall financial situation. But if you are significantly behind on payments and you suddenly receive a large sum of money, expect the court to consider using it to get rid of your child support debt.

What Should I Do if I Receive an Inheritance While Paying Child Support?

Talk to a lawyer about how your inheritance might affect your child support case. Your lawyer can help you understand whether the inheritance will be considered in future changes to support and whether any of it should be used to pay debts. If your co-parent asks for a modification based on your inheritance, your lawyer can help you respond appropriately.

Keep good records of your inheritance. Document where the money came from, how much you received, and how you are using it. If you invest the inheritance or use it to buy property, keep track of those transactions. This information can be important if your child support case goes back to court.

Call a Wheaton, IL Family Law Attorney Today

Understanding how an inheritance affects your child support is much easier with professional help. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our DuPage County child support lawyers help clients navigate child support modifications and other parental responsibility matters. MKFM serves family law clients from its offices located in Kane County, DuPage County, and DeKalb County.

Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 today to schedule your initial attorney meeting.