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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33935
Experience:  Began practicing Family Law in 1992
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Good afternnon....inquiring about child support arrears. i

Customer Question

Good afternnon....inquiring about child support arrears. i have an 18 year old daughter about to leave fro college. Her dad owes $37000 in back child support. The problem is, I have a terminal illness, and would like toknow if when I pass, she can take measures to collet the money.
JA: Has a court order been entered regarding any unpaid child support? When was the last payment made?
Customer: Yes it has been court ordered. Sadly the last payment of $9 entire dollars was disbursed this month. He is not one to keep a legal job for very long. He has at least 12 other children "on paper" that I know about. But he is married to someone who may have a significant amount of legal income.
JA: Family law varies by state. What state are you in?
Customer: CA
JA: Anything else you want the lawyer to know before I connect you?
Customer: No....I think that sums it up. I'm just concerned that he has no income on paper, regularlary and so many other childen
Submitted: 2 months ago.
Category: Family Law
Expert:  JD 1992 replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 2 months ago.

Your daughter can't take any actions in her own name to collect the money. If she were, for example, the executor of your estate then she could file on behalf of the estate. However, there are some evidenciary issues which can cause problems in situations such as yours. and, if your health permits, I would strongly suggest that you retain an attorney and go ahead and file a Motion to Compel and Motion for Contempt as well as asking the court to reduce the amount of arrearage to a judgment.You can also ask that your attorney's fees and cost be included in that judgment.

What this will mean is that your daughter will not have to prove a complete case as a part of the probate, instead she would just have to prove that there was a judgment issued by the court and could collect on behalf of the estate.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.