Legal Question in Family Law in New York
my parent passed away, the life insurance benefit is payable to me, will child support take all the money owed to me in one lump sum?
1 Answer from Attorneys
Child support is a legal obligation. Like the clothes on your back or the electricity to run your computer, you have a legal duty to make payment.
When payment is not made the Courts, through Judgment or Order, directs the payment to be made. Then through various statutes, the Judgment Creditor has various means to obtain the money. One of those means is through property execution whereby the Sheriff or Marshal seizes bank accounts, stocks, bonds, etc.
If money is owed because of unpaid child support, the creditor (the custodial parent) may obtain the money (life insurance payment) to satisfy the unpaid obligation.
Mike.