Legal Question in Wills and Trusts in California

Child Support Arrears/Inheritance

I owe a substaintial amount of Child Support Arrears, yet a major portion is not precise nor accurate. My question is:

If I am willed property yet hold an arrearage debt, is there a way to avoid losing this property to the state of California.

Thanks


Asked on 2/28/02, 1:17 pm

2 Answers from Attorneys
William McPhee W. Allan McPhee

Re: Child Support Arrears/Inheritance

You owe child support, however, the amount is uncertain. You will need to determine an exact amount first. From your statement I will assume there is an Order for Child Support filed by the District Attorney. To determine the exact amount of child support you will need to petition the Court. After the first issue is resolved, the second issue you raised, can be addressed.

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Answered on 2/28/02, 1:29 pm
Mina Sirkin Sirkin & Sirkin

Re: Child Support Arrears/Inheritance

If you have been ordered to pay by a court, and you find that the amount is incorrect, you must file a petition asking for its modification.

As to your question, if you are willed the property and you do actually receive it before the amount is clear, you interest in that property will be subject to the order to pay child support.

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Answered on 2/28/02, 3:19 pm


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