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FLACORPLAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 4633
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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I have a complex issue that I am getting different answers

Customer Question

I have a complex issue that I am getting different answers on from 3 different attornies. My father passed away last year and we are still dealing with the estate. Come to find out my mother still owed my father child support for me ( I am currently 38). The problem is the child support has been included in the estate and my step-mother is the executor of the estate and is claiming the child support as an asset. My current attorney tells me there is nothing I can do, another attorney has told me that I should be able to petition the court to have the "venue" for the child support changed so that the child support will not go to my step-mother who I only meet 9 years ago. The state that this is taking place is Nebraska and I have no idea how to try to get this issue resolved.
Submitted: 5 years ago.
Category: Family Law
Expert:  FLACORPLAWYER replied 5 years ago.
Ok I'm about to weigh in with my opinion. A child support order orders the payer to pay the money to the parent of the child. The money is used to support the child, but the money is owed to the parent, not the child. Why is this? Because when it is not paid, the custodial parent still has to pay to raise the child, so when arrears come in, they are owed to the custodial parent as reimbursement, not to the child. The money belongs to your fathers estate, not you, and should be distributed to his heirs, of which you may be one. So your first attorney was right.

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