Legal Question in Family Law in California

Re: child support/alimony

Dear Mother;

You are entitled to establish child support, including arrears, for the child even though you are still married. You will need to file the necessary forms with the court and set for a hearing. A judge must rule on your motion(s).

As it appears that he has not had much income, I believe that you can attach to the inheritance.

Please contact an attorney as soon as possible so that they may assist you in this matter.

Sincerely,

Daphane Clements, Esq.

Re: child support/alimony

Dear Mother;

You are entitled to establish child support, including arrears, for the child even though you are still married. You will need to file the necessary forms with the court and set for a hearing. A judge must rule on your motion(s).

As it appears that he has not had much income, I believe that you can attach to the inheritance.

Please contact an attorney as soon as possible so that they may assist you in this matter.

Sincerely,

Daphane Clements, Esq.

Re: child support/alimony

Child and spousal support is based upon income. An inheritance is not ordinarily considered income. Thus, if you were to apply to the court for support you may be unsuccessful. However, a good attorney can argue that the inheritance can make income, like rents, interest, dividends or capital gains. As the father may only collect $150 per month when in prison, you could argue the rest of the prospective income should go to you.

Another option includes bringing an action to replace the trustee with your own attorney who would invest the money and pay you child support out of the income made.

Another option includes doing nothing. Should the father not make a will or trust, it is possible that his entire estate will go to you when he dies.