Legal Question in Family Law in Indiana
Past due child support drawn from Inheritance
My ex owes me $26,000. in past due child support. It is an active case in Indiana. He is in a big hurry to settle this out of courtfor a lesser amount after 22 years all of a sudden. I know his Aunt who was wealthy died in January of 2005. Will his debt be taken off the top of his amount when the will is executed?
1 Answer from Attorneys
Re: Past due child support drawn from Inheritance
Nothing will be taken "off the top" unless there is a court order to that effect directed to the estate. It's no different than if he owed Sears or if he had a judgment taken against him by Citibank on a credit card. Unless the Probate Court in which the estate is being handled has an order before it or unless there's a Motion pending to that effect so it can rule on the issue, there's not going to be anything taken from the estate. He will get a check for whatever he is entitled pursuant to the will and estate assets.
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