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?
2 Answers from Attorneys
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
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