Child support claim on estate

[Gypsygirl]

What is the name of your state? CS is NY

Ok, kids are grown,ex still owes a LOT of CS arrearage. He is remarried and living in his new wife's house with his new kid (yes, he has a little kid). He's nearly 60. If he dies before I collect, how do I make a claim against his estate? If he kept most of his "investments" in tangibles, such as art and jewelry, which would likely be kept in his wife's home, how will I be able to seperate out his stuff and get what I'm owed? Will my CS have proirity over any estate claim his new family may have?

 

[Dandy Don]

After his death you will need to get a letter from your child support office verifying what the amount of child support owed is and then submit it to the estate executor. If there are enough assets in the estate it will get paid, but as to what priority it will take you would have to consult with a New York probate attorney about that.

 

[hexeliebe]

How 'grown' are the children? In other words, their ages.

 

[hexeliebe]

O.K. since you're not back yet to answer my question I'll give you some pointers where to go first.

This is less about a claim against his estate than insuring that you have a legal claim against his assets. In New York the statute of limitations is varied.

New York Statute of Limitations to enforce a child support order.

20 years from date of default in payment regardless of whether or not the past due has been reduced to a judgment for support orders entered after 8/7/87; 6 years for default in payment on orders entered on or before 8/7/87; 20 years for all defaults in payment which have been granted as a money judgment.

In other words, take the deadbeat back to court for a Judgement Lien against his estate, assets and his toupe. Then the clock starts running for 20 years.

I doubt the old codger could last that long.

If you don't have a judgement against him, you will line up against all other debts against the estate.

 

[Gypsygirl]

Thanks for the replys.

My kids are 29 and 31.

How do I find an actual copy of the statute you wrote regarding orders prior to 8/7/87?

And HOW do I know hwat is HIS if he lives with his wife? What is in his estate? I've done asset checks, he doesn't keep any bank accounts. I'm sure whatever he has is invested in tangibles. So if he dies, HOW do I get to any art, jewelry or collectables, etc. he has in his new wife's house? How do I establish what his "estate" consists of?

 

[hexeliebe]

Type in at google or yahoo New York Child Support Statute of Limitation. You will find the answer.

Also, the answer to your second question is you hire an estate attorney who can find those things out for you. Estate laws are one of the most difficult to comprehend and unless you've had years of experience don't try wading through the muck.