Collecting Child Support from Probate?

[vnesalynn]

Hello, This may be a silly question but I'm going to ask anyways. I have a court order for child support and my ex does not pay on a consistent basis so he currently owes me over $32,000 in back pay. His mother recently passed away and the state of WA Child Support folks have filed a lien against anything he might get from her estate. My ex is not in the picture at all (for the boys) and is now required to pay only the minimal amount per child ($205/month). Because I have not been able to rely on payments from him at all, I'm wondering if it is possible to collect - besides back pay - what he will owe over the course of the next 5-8 years from the estate? This way I am paid and he doesn't have to be bothered with us anymore. Can they pro-rate what he owes per month until they turn 18 years old? Thanks in advance, VK

 

[Zigner]

...I'm wondering if it is possible to collect - besides back pay - what he will owe over the course of the next 5-8 years from the estate? This way I am paid and he doesn't have to be bothered with us anymore.

No. Child support is fluid. You can't collect on future child support payments.

 

[vnesalynn]

No. Child support is fluid. You can't collect on future child support payments.

Thank you. I have been going back and forth with the CC people trying to understand how he can get away with working the system (he will go 60-90 days without working/paying and then a small payment will come in). He is perfectly capable of working so it is very frustrating and not fair. Am I stuck having to put up with this or is there anything I can do? I'd like to see child support take further action but they seem to sympathize with him and his supposed "problems". He also recently got married so I figure he can't be doing that poorly. I have tried looking up case law for similar situations with no success.

 

[torimac]

If all else fails, you may be able to get the rest when/if he collects social security. If he still owes, it will more than likely be taken from the check before he sees it.