Legal Question in Family Law in California
Past Child Support & inheritence
We recently found my wife's first husband. The Judge has ruled he owes $75,000. He and his new wife bought a house in 1994. His wife inherited some money from her Mothers passing1i 1993 They sold that home in 2000 and purchased another home also in 2000. They recently sold that home as well, but due to the lien on the home an amount of 93,000 has been frozen in Escrow. pending the outcome of our back child support case.
Now their lawyer is arguing that none of the money in Escrow should be used to pay off his debt due to it all being her inheritance that bought the homes they both have lived together in since 1994.
Is this right ?
2 Answers from Attorneys
Re: Past Child Support & inheritence
Assuming that title to the house is held in both there names, she would have to trace the funds from her inheritance to the house. She would be entitled to her inheritance with the remainder of the equity being community property, and generally his share would be subject to attachment for payment of the child support arrears. With the amount of money involved retaining an attorney to assist in the collection would be arrears.
Reply: Past Child Support & inheritence
The lawyer may or may not be right, depending upon the specific facts some of which were omitted from your posting.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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