Legal Question in Family Law in California
child support and inheritance money
my family was left in trust for us a house in which my grandmother lived, to be done with whatever we so chose upon her death. she died nearly 2 years ago and we are trying to sell the house. upon the sale of the house the monies are to be disbursed according to the trust.
the question that i have is this.....
given the above situation, upon the disbursment of funds, are those funds able to be seized for child support arrears? if so, how can i stop this from happening?
this is a great concern to me as i have intentions of providing for my child, however, not providing for her stepmothers shopping addiction. they have recieved funds designated for my child before but the money was never spent on her.
1 Answer from Attorneys
Re: child support and inheritance money
I'm not sure seized is the right word. The child support order may be inforced in a number of ways including contempt of court charges that can result it jail time. The parent receiving the support does not have to account for the money. It is assumed that part of her housing and food and transportation expenses benefit your child. If you think the child is not receiving the neccesities of life you may report it to CPS otherwise the court is not interested. If you do not pay the arrears with your inheritance you not only will face contempt but worse yet YOU WILL STILL OWE THE MONEY. The 10% interest can add up over the years and you can find yourself still paying when you want to retire. This debt can't be discharged in bankruptcy and is payable by your estate if you die. Are you getting the picture? I have tried to help clients that put themselves in that position and there is little that I can do.
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