My Ex is Receiving an Inheritance, Is There a Way to Seize Arrearages from this?
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Summary
I am the custodial parent and I am owed current child support and I am owed arrearage in child support for two children one 20 and 17 in excess of $ 35,000. My ex husband (father of the 2 mentioned children) is going to receive an inheritance from his father who just passed away last week. How do I collect or intercept legally the monies he is going to receive to offset the arrearage he owes me. Can I do this myself and if so how do I file a lien , against my ex and his father??? |
“I am the custodial parent and I am owed current child support and I am owed arrearage in child support for two children one 20 and 17 in excess of $ 35,000.
My ex husband (father of the 2 mentioned children) is going to receive an inheritance from his father who just passed away last week.
How do I collect or intercept legally the monies he is going to receive to offset the arrearage he owes me.
Can I do this myself and if so how do I file a lien , against my ex and his father???”
I am not sure whether your action can be heard in the probate Court. You can get a judgment for the arrearages in the family court proceedings and go after assets wherever found. If he has a set payback plan, you may not be able to do an asset seizure. Hence getting a judgment for the full amount in the family court would be useful. The two courts may be able to communicate and assets seized during probate. I do not practice in this area, so I suggest talking to a local family law attorney and probate attorney. This may be one of those exceptions where an attorney can take a family matter on a contingency, and this might open up some options for representation.
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For more on this subject check out these categories: Alimony, Spousal Support, Child Support, Family Law, Wills, Trust & Estate Planning
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.