Has anyone had to deal with child support arrears and an inheritence?
My sister-in-law died without a will. There are two heirs, her adult children. The son owes back child support from many years ago that has not been paid back. Just wondering if anyone on this forum has experience this situation and the outcome.
ArmyRetired, I'm so sorry for your loss. While I understand your frustrations in this matter, and knowing that there could be many scenarios attached to this very unfortunate situation, please remember that in most cases where the deadbeat parent does not pay their child support, the other parent often has to work 2 jobs, and go without themselves, just to scrape by with enough money to raise their kids, and it isn't fair that he now gets to enjoy money on both ends of the candle so to speak. Had he paid the support as he was supposed to, this wouldn't be an issue today, however I do see where it wasn't his (now deceased) Mother's obligation to make things right with the Grandchildrens mother, especially now that the children are grown. It's not even a case where the monies could be made to go to the Grandkid(s), as that doesn't solve his legal responsibility, but yes, it is still quite sad. I guess its best to think that at least now, his debts will be paid of, and he can move forward in life knowing he did the right thing!
She was going to do a will and disinherit her son for this very reason, but the cancer spread more quickly than anticipated and she died early this morning.
Perhaps that is why there was no Will, she couldn't abide the thought of leaving him out but was not happy with the way things would play out with his share so she did nothing. It is really only fair that he pays this debt and reaps the consequences of not meeting the obligation to his son sooner. We really never have control of what happens with an inheritance, it could make someone's life easier or they could blow it all on wild living or ill advised investments. I would try to just let it go.
No, the assumption is that the back child support that was never paid was for expenses paid by the mother/ex-spouse on behalf of the "deadbeat" parent. Since she died intestate, if there are funds to disburse, they will have to go through state probate. Sorry about that (have friend going through child support thing now trying to collect from deadbeat ex wife that keeps quitting jobs).
You can't bypass the mother. The child support was for the care of the child for things like food, rent etc. which were covered at the time BY THE MOTHER. Why would they bypass the mother? She already paid out this money and this is the reimbursement for those payments.
That means he doesn't have the option of declining the inheritance? So sad when a persons lifetime of work is turned over to satisfy the deadbeat son's obligation.
The answer to this differs by state, but in essence, anyone that owes back child support is considered in default of a state controlled debt. Because of this, any assets should be used to pay the back child support. If this is done voluntarily (the inheritance is received and the son uses this money to pay the back child support) there should be no problems.
If he does not do this voluntarily, a lien will be placed against the inheritance and the money will be frozen until the debt is paid. The laws on exactly how the lien is applied and satisfied vary by state. In addition, the inheritance could be grounds for a re-calculation of the future child support. This is not usually done unless the son, in this case, either attempts to hide the inheritance in some way (by putting it in his sister's name) or does not voluntarily offer to pay the back child support amount.
Bottom line...pay the back child support. Its sad how many people attempt to get away from this obligation.
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Angel
I don't suppose there is any way to petition the court to bypass the mother?
If he does not do this voluntarily, a lien will be placed against the inheritance and the money will be frozen until the debt is paid. The laws on exactly how the lien is applied and satisfied vary by state. In addition, the inheritance could be grounds for a re-calculation of the future child support. This is not usually done unless the son, in this case, either attempts to hide the inheritance in some way (by putting it in his sister's name) or does not voluntarily offer to pay the back child support amount.
Bottom line...pay the back child support. Its sad how many people attempt to get away from this obligation.
Angel