Legal Question in Family Law in Minnesota
child support
is it possible to collect child support from an absent parent who has funds in a receivorship account held by two of his relatives in the state of minnesota? i do not know where the account is held. The absent parent has been missing/hiding since 2001. his aunt died two years ago, leaving her estate to several heirs, which they sold property and divided the funds. dean's share was put into a receivorship account held by his brother and his uncle. at that point in time he owed approxiamately $25,000 in arrears and is currently @ $36,500 with accruing interest and late fees.
2 Answers from Attorneys
Re: child support
If you can locate the county where the receivership was granted and can prove the other parent's interest, you may be able to have a court enter a lien against that account tand/or have proceeds paid into court for determinination of their application to chils support arrears.
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Re: child support
Thank you for your interesting question. Without knowing more facts it is difficult to speculate about the manner in which to proceed, or your likelihood of success. In particular, I would want to know more about the nature of the "receivership" and the location and nature of the account, among other things � such as whether there is a probate proceeding.
As a very general matter, it is certainly possible to enforce a child support obligation by garnishing the obligor�s interest in almost any type of bank account. If the obligation is currently being collected through the child support office in your county, you should certainly bring the account to the attention of the child support officer assigned to the account. If the child support office is not involved, I would suggest immediately bringing a motion to enforce the support obligation against this account � and I would request the funds in the account be sequestered (locked up, essentially) until the matter is resolved.
I have no idea how long this account is been in existence, but I would think that time is of the essence, and that you should take action sooner, rather than later.
You may certainly feel free to contact my office if you have additional questions about this matter, since this is a substantial part of my practice. My contact information is below. Again, thank you for your question.