Beneficiary Assets and Child Support

[skp216]

What is the name of your state?What is the name of your state? WV

My ex husband's mother died a month ago. She has 2 sons: Oldest, "B", and youngest, "K"... the ex husband.

K owes $21,000.00 in child support arrearages and there is a court ordered judgement for this amount. The state of WV has a lien against K's assets. I am assuming, naturally, that his share of the net worth of the estate is K's assets, correct?

Ok, now... B was noted in the will as the Executor. He says however, he has moved all monies to another state; which I know he can do for his benefit of handling the estate; but says he will see to it that K's son does not get his child support arrearages. Also, that... "if he wants to, he can spend it all!" Well, we all know that type of person... Nevertheless.......

When the court places a court ordered lien, (Judgement), against a beneficiary's share of an estate, is the Executor legally responsible for paying it "before" he gives the remainder of K's part of the net estate to him?

Please ask if I've left any information out pertinent for the answer to this question. Thank you.

 

[Dandy Don]

Get a debt/collections attorney (or ask the child support services office attorneys to help you) to find out how you can enforce the judgement against the man who owes child support. It is not the executor's responsibility to do this (his only responsibility is to disperse the monies, not tell K how it is supposed to be spent--anyway, this is the mother's estate that has no direct relation to the child support obligation of K), but if K is going to be receiving assets as a beneficiary then he will be in a position to get this paid off even though he doesn't want to.

DANDY DON IN OKLAHOMA ([email protected])

 

[skp216]

Get a debt/collections attorney (or ask the child support services office attorneys to help you) to find out how you can enforce the judgement against the man who owes child support. It is not the executor's responsibility to do this (his only responsibility is to disperse the monies, not tell K how it is supposed to be spent--anyway, this is the mother's estate that has no direct relation to the child support obligation of K), but if K is going to be receiving assets as a beneficiary then he will be in a position to get this paid off even though he doesn't want to.

DANDY DON IN OKLAHOMA ([email protected])

The state of WV has already established a child support arrearage "court order". Because a lien has been placed on "K's" assets, would his inheritance not be and asset??

 

[BelizeBreeze]

If you know where probate is being handled (in which county the father died) then you can get a copy of the probate file. Forward this along with your lien notice to Child support enforcement and they can file a lien against distribution of the estate.

The Washington CSE has successfully sued for recovery of more than $23 million in back child support payments against estates and insurance payments.