Legal Question in Real Estate Law in California

My husband currently owes about $6,000 in back child support (accumulated when he was on disability.) His mother ecently passed away, and he may be receiving an inheritance. He has been on unemployement for the past year, and is garnished for child support from each check for current support, no back support. Can his ex wife come after him for back child support in full? What if the inheritance is small, between $5,000 and $10,000...can she legally be granted every penny? Or are there laws in CA restricting how much she can take (like 40 percent?) Thanks for your help.


Asked on 11/06/09, 2:36 pm

2 Answers from Attorneys

She can get it all. He should have gone in for a support modification when he went on disability. It's too late now. The system is really screwed up that way. Just when you don't have any money for an attorney you have to get an attorney to go in and get your support reduced. If you don't, they can't go back and do it retroactively, yet the mom can go back up to three years!

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Answered on 11/11/09, 2:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have found cases (appellate court decisions) showing that, at least where AFDC payments are involved, the creditor county can place a lien on the entire inheritance to secure payment of amounts due or reimbursable to the county. To me, this is sufficient to show that there is no exemption for an inheritance, or any part of one, from collection efforts by someone owed back support. See for example the case of Taylor v. Superior Court (1990) 218 Cal.App.3d 1185. This is consistent with the strong public policy to see to it that a parent pays his or her obligations for child support promptly and in full.

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Answered on 11/11/09, 3:13 pm


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