Legal Question in Family Law in Virginia

Advance in Child Support Payments
Currently separated - mom-in-law died recently and has close to a $1 Million estate - husband's sister is the administratrix - received a letter stating that I am in the will - she was required by law to send me that. I would like to request the next 11 years worth of child support in advance from my husband because he is unreliable, changes jobs frequently and I am afraid when he receives his inheritance he will blow it. Is that enough justification for a request like this? How do I go about requesting this and do I state that the monies could be put into a trust and draw on it every month for the children - there are 3 but the youngest will be 18 in 11 years. I could keep accounting records, etc. If so, do I need an attorney present when the will is read - do I need a family lawyer or one that deals in wills/estates?

Asked on 5/09/02, 3:59 pm

2 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

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Re: Advance in Child Support Payments

Of course, the answer is the legal classic, "It depends." First, there is no formal requirement to have a will reading; I did that one time, but only for reasons not having to do with whether it was required. On all other estates I have not had a formal will reading.

On the child support issue, what you are requesting is quite unusual. It is too early yet to know whether a court would grant your request for child support in advance, but I can tell you it is highly unlikely, since all sorts of things could change in the 11 years left: you, your soon-to-be-ex or one or more of your children could die, which would change the support picture. What you might be able to get is some sort of fund set aside from which child support would be paid, but that would probably require his showing a history of not making the required payments.

You do need an attorney, and he or she should be familiar with both areas of the law. Perhaps it goes without saying that I work primarily in those two areas. I am located at Tysons Corner.

Answered on 5/10/02, 4:13 pm

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