Legal Question in Family Law in California
My husband and I have been legally separated for over 14 years,but never divorced. We have 4 children together who are now 20,22,24 and 25 years old. 14 years ago I was awarded full custody of all the kids and was awarded monthly child support. My husband never paid me a dime and I had to go on welfare. He quit his job shortly after we separated so I was never able to garnish his wages, and he still does not work. We have become friends again but he wants me to forgive his child support debt legally. His Wealthy Mother is getting old(87) and has been sick a lot lately and he will be inheriting a lot of money. Will social services get all the back child support he owes me because I was getting the states support? ? He owes me over 180,000 dollars. Will I beable to collect the past owed child support when he receives his inheritance?Am I entitled to half the inheritance since we never divorced?
2 Answers from Attorneys
You're not entitled to your ex-husband's mother's inheritance unless his mother gives you property belonging to her. You are entitled to collect on any child support arrearage plus any interest. Please meet with an experienced family law attorney to structure the best way to collect on this support arrearage.
Ms. Kock gives good advice. I would just add that since you went on public assistance, you don't have the power to forgive the support arrearage, at least not to the extent of the state's reimbursement claim.
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