child supportg & inheratance

[janal]

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

next month i will begin the child support & custody procedures for my 4 year old son.
his dad at the moment is collecting unemployment. His Grandmother recently passed away & he will be recieving a large sum of $ for his inheratance.
what are the chances any of that money will go towards child support? and do they take child supoort out of unemployment?

like i said, there is no order in effect at the moment. my sons father & i have been seperated for a year , he has not offered any support thus far . and i have not had the funds to start the legal procedures. but when i get my income tax, i plan on using that to begin the legal process.

any answers or advise would be greatly appreciated. Thank you.

Janal

 

[Zigner]

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

next month i will begin the child support & custody procedures for my 4 year old son.
his dad at the moment is collecting unemployment. His Grandmother recently passed away & he will be recieving a large sum of $ for his inheratance.
what are the chances any of that money will go towards child support? and do they take child supoort out of unemployment?

like i said, there is no order in effect at the moment. my sons father & i have been seperated for a year , he has not offered any support thus far . and i have not had the funds to start the legal procedures. but when i get my income tax, i plan on using that to begin the legal process.

any answers or advise would be greatly appreciated. Thank you.

Janal

Well, since you haven't even STARTED the proceedings, you might miss out on any chance you may have had. You have been separated for a YEAR and you are only starting the process next month? Why did you wait? Had you researched the problem, you would have discovered that you could have done this for very little cost.

I'd like to point out that he has been under no legal obligation what-so-ever to offer/pay anything. If you want to complain about THAT, you need to first realize that you should have been a much more proactive advocate for your children over the past year.

 

[Antigone*]

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

next month i will begin the child support & custody procedures for my 4 year old son.
his dad at the moment is collecting unemployment. His Grandmother recently passed away & he will be recieving a large sum of $ for his inheratance.
what are the chances any of that money will go towards child support? and do they take child supoort out of unemployment?

like i said, there is no order in effect at the moment. my sons father & i have been seperated for a year , he has not offered any support thus far . and i have not had the funds to start the legal procedures. but when i get my income tax, i plan on using that to begin the legal process.

any answers or advise would be greatly appreciated. Thank you.

Janal

When you file a monthly amount will be granted to your ex. His inheritance will most likely be off limits.

 

[Zigner]

When you file a monthly amount will be granted to your ex. His inheritance will most likely be off limits.

But, it likely could have been taken in to account had the order already been in place...

 

[Antigone*]

But, it likely could have been taken in to account had the order already been in place...

You are ever so right, Zig. That boat blew its horn and left the harbor without the OP

The OP really needs to get on another boat and get to filing. She does not need to get her refund in order to accomplish her goal of proper support for her child. A family law facilitator is available to help her - all she needs to do is ask.

 

[Zigner]

The reason I made the point is because it's a good thing to know. Somebody else may stumble upon this thread in a similar situation. The reason *I* know is that I researched this very question several years ago.

 

[nextwife]

Is he legally even the father yet?

 

[janal]

WoW

I feel like some of you are being so harsh.
Especially when i didn't air out all the dirty laundry in my thread.

does anyone have an answer about the unemployment ?

I never have, nor ever will expect anything from my sons father.
These were just simple questions out of curiosity.

I will countinue to persue child support. whether i ever see anything from doing so is yet to be answered.

thank you for your responses. i appreciate your time.

 

[disneykid52]

money,,,the root of all evil

 

[Antigone*]

I feel like some of you are being so harsh.
Especially when i didn't air out all the dirty laundry in my thread.

does anyone have an answer about the unemployment ?

I never have, nor ever will expect anything from my sons father.
These were just simple questions out of curiosity.

I will countinue to persue child support. whether i ever see anything from doing so is yet to be answered.

thank you for your responses. i appreciate your time.

There is no need for the dirty laundry to be aired out. In fact doing so would only be damaging to you now.

As far as child support and unemployment, income will be imputed to the child's father when paternity has been legally established if it has not been already.

 

[Gracie3787]

does anyone have an answer about the unemployment ?

Your question was- do they take (garnish) CS out of unemployment benefits, correct?

Yes, they can garnish unemployment, but not until an actual court order is issued. Hopefully, by the time it goes to court ex will have a job and the unemployment benefits won't even be available.

 

[EnforceSupport]

I don't know where in your original post someone thought you were 'complaining' about anything. I read your post and saw that you were merely asking legal questions about support, and not asking for anyone's opinion about whether your timing was correct. As is soooo apparent to anyone reading these forums, some of these 'senior' members have ridiculous attitudes and seem to have serious agendas because instead of simply replying to the questions, they offer other, quite unrelated opinions. I'm starting to get quite vocal about this because I think it is time that all of us, but especially the 'senior members', adopt a bit of civility and keep their responses on point to what's being asked.

I will also say that although your question was about applying the inheritance to the support, the way the responses appeared, I wanted to make clear that your ex's inheritance is not entirely 'off limits' with regard to the support issue. Namely, if he has a steady income from, say a trust, it most certainly may be considered with regard to his ability to support your child and therefore, the support order.

Finally, while Gracie correctly stated that unemployment could be garnished, I'd like to elaborate in just two respects. First, unlike almost all other remedies which may be pursued equally be DCSS as well as a pro per litigant or their attorney, the garnishment of unemployment may only be accomplished through your local DCSS office (Department of Child Support Services.) And, unlike wages which can be garnished at the rate of 50% to 65%, unemployment may only be garnished at the rate of 25%.

Without the attitude, I will repeat the advice given to you by most. Get on top of this now. If DCSS is not acting prudently, ask that your case be reviewed. Also, DCSS rarely obtains the best child support orders, so, given you have a young child and you have 14-15 years of support coming, it may be worth investing in any attorney who can get you a better order, especially given the issue of the possible trust income.

(Final) Finally, while it is true that the inheritance cannot be used for arrears since it sounds like there may not be an order yet (however, the order can be retroactive to the date of filing), you may be able to have some of the inheritance set aside as 'security' to protect the obligation, thus, if your ex fails to pay in a timely fashion, you have a trust account which may be used.

Good luck to you. Happy New year.

 

[CJane]

But, it likely could have been taken in to account had the order already been in place...

I'm pretty sure an inheritance isn't going to be considered income. Perhaps INCOME FROM the inheritance (if it's in the form of investments, etc) but not if it's "just" money.

 

[goddessoflubboc]

And, unlike wages which can be garnished at the rate of 50% to 65%, unemployment may only be garnished at the rate of 25%.

Actually the 25% applies to other types of creditors (and the garnishee must still receive 30 x min wage in their weekly check); child support garnishments of unemployment follow the 50-65% guidelines.

 

[EnforceSupport]

Actually the 25% applies to other types of creditors (and the garnishee must still receive 30 x min wage in their weekly check); child support garnishments of unemployment follow the 50-65% guidelines.

Goddessoflubboc, while I appreciate the respectful manner of your disagreement with me, you are, nonetheless, incorrect.

The question was regarding garnishment of unemployment in California.

Therefore, the relevant statute is family code 17518 which in pertinent part reads:

"(a) As authorized by subdivision (d) of Section 704.120 of the Code of Civil Procedure, the following actions shall be taken in order to enforce support obligations that are not being met. Whenever a support judgment or order has been rendered by a court of this state against an individual who is entitled to any unemployment compensation benefits or unemployment compensation disability benefits, the local child support agency may file a certification of support judgment or support order with the Department of Child Support Services, verifying under penalty of perjury that there is or has been a judgment or an order for support with sums overdue thereunder. ...

(b) .....

(c) Notwithstanding any other law, the Employment Development Department shall withhold the amounts specified below from the unemployment compensation benefits or unemployment compensation disability benefits of individuals with unmet support obligations. ...

(d) ...

(e) The amounts withheld in subdivisions (c) and (d) shall be equal to 25 percent of each weekly unemployment compensation benefit payment or periodic unemployment compensation disability benefit payment, rounded down to the nearest whole dollar, which is due the individual identified on the certified list. However, the amount withheld may be reduced to a lower whole dollar amount through a written agreement between the individual and the local child support agency or through an order of the court. ....

(f) ...."

CCP 704.120 is under the exemption statutes and provides a similar limitation for support unemployment garnishments, and, makes it clear that unemployment may not be garnished in any amount for non-support obligations. (It is 'exempt without making a claim.')


** As I said, unemployment garnishments are limited to a maximum of 25%. And, no, I'm not going to get into a 703.070 discussion, for those of you who may have wondered.

As I said at the beginning, this is a California specific answer. (And, it may be true in other states.)