Legal Question in Family Law in New York

Long-Past Unpaid Alimoney or Child Supprt

My wife is from a broken home. She is 37 now and her father left before she was born. He never paid my mother-in-law alimoney and never paid support for either of his 2 children. He left New York where they all lived and fled to Florida where I believe he still lives.

My wife had always planned to contest his will when he passes away but I was wondering if she or her mother can make any claim against him now. Can they sue him for something that happened so long ago?

If not, is it worth it to follow up against his estate?


Asked on 1/12/06, 3:59 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Long-Past Unpaid Alimoney or Child Supprt

Whether it's "worth it" or not, is of course a personal question, that can only be answered by the person directly involved.

However, it would appear that even if a child support order existed, I believe the right of enforcement or collection on a judgment for same would be deemed waived, because it is more that ten years since your wife turned 21.

Unless the deceased was very wealthy, a Will contest or other Petition, in order for your wife to be included as a beneficiary of the estate, in another state, would likely be very costly, with respect to legal fees, travel, document production, personal aggravation and other things.

Addditionally,it should be noted that a parent's financial obligation to a child, ends at the child's attaining maturity.

Thus, an adult child does not ordinarily have any legal right to share in a parent's estate, unless they are the surviving next of kin AND there is no Will, making or designating another as beneficiary of the deceased' disposition.

Also, please keep in mind that, the burden of proving to the Court the reasonableness of both your mother in law's and your wife's, delay, to avoid immediate dismissal of claims, will be high.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/13/06, 10:08 am


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