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My sister-in-law died without a will. There are two heirs, her adult children. The son owes back child support from many years ago that has not been paid back. Just wondering if anyone on this forum has experience this situation and the outcome.
ArmyRetired, I'm so sorry for your loss. While I understand your frustrations in this matter, and knowing that there could be many scenarios attached to this very unfortunate situation, please remember that in most cases where the deadbeat parent does not pay their child support, the other parent often has to work 2 jobs, and go without themselves, just to scrape by with enough money to raise their kids, and it isn't fair that he now gets to enjoy money on both ends of the candle so to speak. Had he paid the support as he was supposed to, this wouldn't be an issue today, however I do see where it wasn't his (now deceased) Mother's obligation to make things right with the Grandchildrens mother, especially now that the children are grown. It's not even a case where the monies could be made to go to the Grandkid(s), as that doesn't solve his legal responsibility, but yes, it is still quite sad. I guess its best to think that at least now, his debts will be paid of, and he can move forward in life knowing he did the right thing!
She was going to do a will and disinherit her son for this very reason, but the cancer spread more quickly than anticipated and she died early this morning.
Perhaps that is why there was no Will, she couldn't abide the thought of leaving him out but was not happy with the way things would play out with his share so she did nothing. It is really only fair that he pays this debt and reaps the consequences of not meeting the obligation to his son sooner. We really never have control of what happens with an inheritance, it could make someone's life easier or they could blow it all on wild living or ill advised investments. I would try to just let it go.
No, the assumption is that the back child support that was never paid was for expenses paid by the mother/ex-spouse on behalf of the "deadbeat" parent. Since she died intestate, if there are funds to disburse, they will have to go through state probate. Sorry about that (have friend going through child support thing now trying to collect from deadbeat ex wife that keeps quitting jobs).
You can't bypass the mother. The child support was for the care of the child for things like food, rent etc. which were covered at the time BY THE MOTHER. Why would they bypass the mother? She already paid out this money and this is the reimbursement for those payments.
That means he doesn't have the option of declining the inheritance? So sad when a persons lifetime of work is turned over to satisfy the deadbeat son's obligation.
The answer to this differs by state, but in essence, anyone that owes back child support is considered in default of a state controlled debt. Because of this, any assets should be used to pay the back child support. If this is done voluntarily (the inheritance is received and the son uses this money to pay the back child support) there should be no problems.
If he does not do this voluntarily, a lien will be placed against the inheritance and the money will be frozen until the debt is paid. The laws on exactly how the lien is applied and satisfied vary by state. In addition, the inheritance could be grounds for a re-calculation of the future child support. This is not usually done unless the son, in this case, either attempts to hide the inheritance in some way (by putting it in his sister's name) or does not voluntarily offer to pay the back child support amount.
Bottom line...pay the back child support. Its sad how many people attempt to get away from this obligation.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Angel
I don't suppose there is any way to petition the court to bypass the mother?
If he does not do this voluntarily, a lien will be placed against the inheritance and the money will be frozen until the debt is paid. The laws on exactly how the lien is applied and satisfied vary by state. In addition, the inheritance could be grounds for a re-calculation of the future child support. This is not usually done unless the son, in this case, either attempts to hide the inheritance in some way (by putting it in his sister's name) or does not voluntarily offer to pay the back child support amount.
Bottom line...pay the back child support. Its sad how many people attempt to get away from this obligation.
Angel