Legal Question in Family Law in New Jersey

inheritance and child support

How can a person stop the distribution of an inheritance until the heir meets their child support obligations?


Asked on 7/23/07, 3:25 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: inheritance and child support

If you have a judgment indicating the amount of the arrears you can docket it in New Jersey and levy on the heir's inheritance before its distribution.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/23/07, 7:50 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: inheritance and child support

I can't tell where you are. I can only answer this question if the estate is in Washington. If the answer is yes, the estate is in WA, then file a creditor's claim against the estate in the probate action.

Your alternative is to file a contempt suit against the judgment (child support debtor) and attach the will in support of your allegation that the judgment debtor can satisfy the obligation fully or partially out of the bequest.

Each month unpaid support accrues it acts as a judgment, bearing interest at 12 per cent until paid in full.

You have 10 years after the child turns 18 to collect it.

The Washington State Division of Child Support will help sometimes, and sometimes not.

Elizabeth Powell

Hope this helps. Elizabeth Powell

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Answered on 7/23/07, 9:59 am


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