Legal Question in Wills and Trusts in North Carolina
My mother is deceased and my father never keep a job throughout his life, but now he will be recieveing a large lump sum from disability. Will he be ordered to pay the back child support he owes to her estate?
1 Answer from Attorneys
The personal representative of your mother's estate can go after your father to enforce the child support. Child support is like a money judgment if not paid. The court generally has no power to modify it. However, I don't know when this was ordered or the circumstances. That is something that the personal representative will have to discuss with the probate attorney and possibly a family law attorney.
Disability cannot be garnished for most things, but it can be for child support. I don't know if it can be garnished for past due child support though which is why you need to speak with an attorney.