Back Child support from 401K

[Debra Donald]

undefinedWhat is the name of your state? Nevada, If a custodial parent is receiving Child support payment and it has been determined that the non-custodial parent is in the rear of $26,000. and the non-custodial parent dies, can the estate of the non-custodial parent be sued for the rear amonths can the the 401K be considerated a part of the estate?

 

[LdiJ]

undefinedWhat is the name of your state? Nevada, If a custodial parent is receiving Child support payment and it has been determined that the non-custodial parent is in the rear of $26,000. and the non-custodial parent dies, can the estate of the non-custodial parent be sued for the rear amonths can the the 401K be considerated a part of the estate?

Yes, the estate of the NCP could/would be held responsible for the arrearages. However, if any of the assets pass outside of the estate, then those assets probably can't be attached. Most likely a 401K would have a designated beneficiary and would pass outside the estate. Therefore if the child isn't the designated beneficiary, then the 401K wouldn't go to the child.

 

[nextwife]

I agree. Certain assets (life insurance being another example) are not normally part of the "estate" therefore pass outside the will (depending on the beneficiary designation) and are not subject to estate creditors.

 

[Debra Donald]

Yes, the estate of the NCP could/would be held responsible for the arrearages. However, if any of the assets pass outside of the estate, then those assets probably can't be attached. Most likely a 401K would have a designated beneficiary and would pass outside the estate. Therefore if the child isn't the designated beneficiary, then the 401K wouldn't go to the child.

Thanks for the information, however I am a little confused, see, what has happened is me the custodial parent was named as the designated beneficiary, but I was told that I was not going to get it because a wife has appeared with a marriage license, me only living with the man for 14 years and having his child I think that he felt that he was doing the right thing for the benefit of his child. I guess he did not know that since he never divorced this woman he had made it hard for me. He had not lived with her in 35 years but it does not seem to make a difference, I was told that she would get the retirement benefits, so do that mean I can't get the rear since it goes to her, they did tell me that my daugther would get benefits until age 23 if she stay in school.What can I do, do I have a leg to stand on

 

[LdiJ]

Thanks for the information, however I am a little confused, see, what has happened is me the custodial parent was named as the designated beneficiary, but I was told that I was not going to get it because a wife has appeared with a marriage license, me only living with the man for 14 years and having his child I think that he felt that he was doing the right thing for the benefit of his child. I guess he did not know that since he never divorced this woman he had made it hard for me. He had not lived with her in 35 years but it does not seem to make a difference, I was told that she would get the retirement benefits, so do that mean I can't get the rear since it goes to her, they did tell me that my daugther would get benefits until age 23 if she stay in school.What can I do, do I have a leg to stand on

Ok...you need to get an attorney, QUICKLY...before they distribute that money to the wife. The attorney can file to stop any distribution of the money until something is settled in court. I have no idea whether or not the fact that he had a legal wife can override his express wishes in naming a beneficiary (on a retirement account), but its at least questionable...so get legal help fast.