child support affect inheritance?

[Hazel737]

What is the name of your state (only U.S. law)? NJ

My child's father is currently in arrears with child cupport. His mother recently passed away and left him a great deal of money. He states that he will not get the inheritance because he is on child support . Will this affect his inheritance? and will it affect the child support payments or rears he is required to pay?

 

[Antigone*]

What is the name of your state (only U.S. law)? NJ

My child's father is currently in the rears with child cupport. His mother recently passed away and left him a great deal of money. He states that he will not get the inheritance because he is on child support . Will this affect his inheritance? and will it affect the child support payments or rears he is required to pay?

Bless your heart Hazel. The term is in arrears.

 

[Proserpina]

What is the name of your state (only U.S. law)? NJ

My child's father is currently in the rears with child cupport. His mother recently passed away and left him a great deal of money. He states that he will not get the inheritance because he is on child support . Will this affect his inheritance? and will it affect the child support payments or rears he is required to pay?

Did he say he couldn't collect the inheritance? (if he did, he's lying)

Or that he wouldn't?

The term is "arrears", by the way He's in arrears.

 

[CSO286]

Did he say he couldn't collect the inheritance? (if he did, he's lying)

Or that he wouldn't?

The term is "arrears", by the way He's in arrears.

At least no one said " in the rear"

 

[Antigone*]

At least no one said " in the rear"

CSO... she did. She edited it See my first post.

 

[CSO286]

CSO... she did. She edited it See my first post.

oh no!!!!!

oops!

 

[mistoffolees]

At least no one said " in the rear"

No, it only FEELS that way sometimes.

 

[mistoffolees]

What is the name of your state (only U.S. law)? NJ

My child's father is currently in arrears with child cupport. His mother recently passed away and left him a great deal of money. He states that he will not get the inheritance because he is on child support . Will this affect his inheritance? and will it affect the child support payments or rears he is required to pay?

As you were told, owing child support will not prevent him from collecting an inheritance. It simply means that YOU have a claim on the money first.

I don't have any idea what the procedure is, but if CSE has not been involved, you'll probably need to file a claim with the probate court. I would suggest a brief visit with an attorney to make sure that you get the money owed you. You should be able to collect the attorney's fees, as well.

 

[LdiJ]

What is the name of your state (only U.S. law)? NJ

My child's father is currently in arrears with child cupport. His mother recently passed away and left him a great deal of money. He states that he will not get the inheritance because he is on child support . Will this affect his inheritance? and will it affect the child support payments or rears he is required to pay?

An inheritance absolutely CAN be attached for a child support arrearage. However, it does require the child support agency to be aware that an inheritance is imminent so that the child support agency can make an attachment to the inheritance.

 

[nextwife]

What is the name of your state (only U.S. law)? NJ

My child's father is currently in arrears with child cupport. His mother recently passed away and left him a great deal of money. He states that he will not get the inheritance because he is on child support . Will this affect his inheritance? and will it affect the child support payments or rears he is required to pay?

You KNOW she left him an inheritance? Has the will been submitted to probate? Have you checked the filing?

Be aware that her creditors will be paid before any inheritance is paid out.

 

[mistoffolees]

You KNOW she left him an inheritance? Has the will been submitted to probate? Have you checked the filing?

Be aware that her creditors will be paid before any inheritance is paid out.

Which is why OP needs to make sure her claim is filed with the probate court so she is paid before ex gets anything.

 

[nextwife]

I was commenting that MOM's creditors get paid first.

While she has a claim on any inheritance dad may get, she herself is NOT a creditor of mom's estate. Mom's creditors are first in line.

But she should first review the probate filing and see if there actually is any inheritance named for dad. Maybe his mom did change her will, and that is what dad is referring to. HOW does she know dad IS going to be getting an inheritance if she has not reviewed probate?