My Ex is Receiving an Inheritance, Is There a Way to Seize Arrearages from this?

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“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.

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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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Author: House Attorney

A house attorney has answered this question.

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