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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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The man I live with, in California, has been paying past due

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The man I live with, in California, has been paying past due child support to his ex for many years, but will never pay it off due to the interest (he was unable to pay for almost 10 years due to his health and owed a considerable sum, and currently works for minimum wage). When they split up over 20 years ago, he unwisely let her have the house which at that time they had considerable equity in, and walked away from a 20 year marriage with nothing. Recently his father passed away and left him $30,000, about half of what he still owes in child support. She is planning on taking the inheritance. My question is, is there any way for him to retroactively claim any of the assets from their marriage to offset the child support owed? And does it matter to the courts at all that as a result of her keeping all the assets of the marriage she now owns several houses, while he has a heart condition and cannot afford health insurance?
Submitted: 3 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 3 years ago.

Hello,
Thank you for allowing us to assist you with this problem.

 

No. Once a divorce is granted the terms are final. He can not seek retroactive marital property assets. A court today will not go back and consider the reason for

the asset division from a divorce 20 years ago. Sorry.

Customer: replied 3 years ago.
Is there any way for him to legally protect his inheritance?
Expert:  Daniel Solutions replied 3 years ago.
There is no way to protect the inheritance from child support arrears. Once he legally becomes the owner to the money those funds can be attached to pay back child support. Once he takes legal title even if he gives it away, he would still be accountable for the money. The only way to not have the inheritance attached is if he does not accept it.
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
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