Lien on Estate for Child Support Arrearage

[LindaF]

hi,

i need some advice. my son's father (who lived in michigan) killed himself on november 5, 2000. his present wife didn't notify us. i didn't find out about it until april 10, 2001. he had an outstanding child support arrearage balance in indiana (which is where i live) of $7,500.00. my son is disabled with bipolar disorder and the news of what his father did has messed him up. i very much need this money to help him. the indiana child support division filed a lien on the estate on december 11, 2000 and sent a letter to the personal representative of the estate and an invoice to the probate court.

i feel that his present wife will do everything in her power to see that i do not receive the child support arrearage, although she is not the personal representative of the estate.

are there any other measures i should take to assure that i receive the arrearage?

thanks very much for any assistance you can give me.

 

[advisor10]

MAY 3, 2001

DEAR LINDA:

So sorry about the passing of your son's father.

There is not much that the current wife could do to prevent the payment of the child support arrearage. The main thing you should try to find out is if there is enough money or assets in the estate to be able to afford to pay the child support arrearage after all of the other estate expenses have been paid (other debts, funeral expenses, etc.).

The fact that the Indiana Child Support Division filed a claim on your behalf is very good and there is a strong chance that your claim will be one of the first ones or primary ones paid or given priority for payment. Ask the CSD to draft a letter to the probate court and to the estate executor/or personal representative that informs them that you have an emergency need for these funds (in view of the fact that the death has medically/psychologically affected your son) so that the payment can be expedited as soon as possible.

If the CSD can't or won't do this, then draft the letter yourself.

SINCERELY,

[email protected]

 

[LindaF]

Thanks so much for your quick response. I guess I am a little paranoid, because she always helped him hide himself and assets, so he could get out of paying child support.

Again, thanks for your help.