Legal Question in Wills and Trusts in California
I am owed a substantial amount of back child support. My son has recently turned 18 and because I had been on TANF while waiting on disability approval (had brain surgery May 27th), I was previously unable to find an attorney who would represent me. With my son being 18 now and no longer recieving state support, can we still sue? The jurisdiction of the case is Los Angeles County, CA. We now live in Indiana. In addition, both of my 18 year old sons paternal grandparents passed. There were 3 children, my ex-husband being the youngest. His older brother had one child. My son was bequeathed a few items and yet my ex-husband not only failed in his current support he failed to even let his son know his Grandmother and Grandfather had passed. I found out when I called a few weeks later to arrange a Thanksgiving meeting with her and my son. Years later, the Grandfather passed, again, nothing. Does my son have any chance at finding any form of inheritance? Does he have any rights now that he is no longer on TANF? I know my situation is difficult and going to work myself would have fixed so much! Unfortunately, I was injured on the job in 2003 just a couple of months after Grandma passed.
I certainly hope I haven't failed in this as well as getting current and arrears paid to me. I just want to see my son recieve what is morally and rightfully his.
2 Answers from Attorneys
You would need to contact Child Support Services to find out how much reimbursement they require. You would be entitled to receive anything above that, but Child Support Services would get paid first.
You never lose the right to the child support payments as they were due when the children were minors and do not disappear merely because they are no longer under the age of 18. The money was due and now there will be penalties due as well. Contact child support services or the Los Angeles District Attorney to enforce your rights with those.
As far as any inheretence, it depends on if there was a will or trust that named your children or provided them with any specific bequests. Those documents would need to be produced to assess their inheretence rights.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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