Legal Question in Family Law in Indiana

Child support priority

Jan 17Th 2008, my sons father (never married) passed away. We had a court order for child support and there are no arrears. His estate is going through probate, he had his mother as beneficiary who preceded him in death by 5 yeas. His estate is insolvent. Our son will receive 25,000 of the 86,000 for survivors allowance. A claim was placed in my name as the mother, but not listed as priority. Today the judge gave me (and my attorney) 45 days to find ''law'' that states this such order should be placed as priority over other creditors (90% of which is medical bills) The judge also reminded both attorneys (mine and the estate attorney who is not working too hard for our claim) that he can sway the judgment either way. He also said he would consider any such law even outside of state. So, while my attorney may be earning her money, I want to see if I can help too. Can you point me in the right direction?

Most respectfully,

Elizabeth


Asked on 4/04/09, 6:48 am

1 Answer from Attorneys

Re: Child support priority

Try going to the closest law library and look for books on contested estates or probate. You can also look in the ALR and Corpus Secondum, the Indiana LAw and Practice, and Anderson on Probate.

Good luck.

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Answered on 4/04/09, 9:51 am


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