Legal Question in Family Law in New York
child support & alimony arrears - recover from estate?
My mother filed for divorce in California in 1985 while my father was in NY.The ct gave her full custody.They both live in NY. My mother does not have any of her ct documents, but I do clearly remember a doc that stated that my father was to pay $1250 in child support on a monthly basis and a few hundred thousand dollars in alimony.I contacted the Los Angeles ct and received a copy of the divorce order but it does not indicate how much alimony & child support my mother was to receive. My father paid only half of the alimony, and stopped paying child support when I turned 10.I'm now 26 yrs old now. Is there any way for my mom to get the backpay for child support and alimony? I don't know how I would be able to get a copy of the ct order for the child support and alimony when the ct that ordered the divorce did not send me any info about the child support and alimony. Does the CA statute of limitations control or NY? If my father dies next year, can my mother enforce the debt against his estate in NY even if the court that ordered the child support and alimony is CA? His estate would be probated in NY.What proof is needed if she doesn't have and can't obtain her old bank stmts showing that she stopped depositing the child support
1 Answer from Attorneys
Re: child support & alimony arrears - recover from estate?
You should retain the services of a California attorney to investigate and
advise on your mother's claim. If the total arrearages, including all of the amounts owed for child support as well as alimony, could be reduced to a judgment against the obligor (your father), the judgment could then be what's called domesticated(or registered) in the appropriate court in New York state, and it would then be enforceable aginst your father's estate if he were to subsequently pass on.
A key question, of course, would be whether these particular arrearages would still be collectible/enforceable under current California law. They well might be but a payment record of sorts would likely have to be reconstructed by your mother showing roughly what was paid month by month over the years of the obligation (or not paid)and submitted to the L.A. Court authorities in the form of an affidavit. A California family law practitioner should be able to advise you further on this matter.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
