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Can money be taken from a will amount to pay child support.

Can money be taken...

Can money be taken from a will amount to pay child support

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

I have done all I can do with the state of texas child support division. He owes me 90,000+/- and he thinks he will get away with getting out of paying me..

Lawyer's Assistant: Have you talked to a lawyer about this yet?

He works under the table and/or is out on a dope spell. no just the state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel like he should not be getting away with not paying!!!

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Answered in 3 minutes by:
3/22/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,684
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

I know this can be a very stressful situation. Let me outline a few things for you...

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Customer reply replied 4 months ago
OK.

If a noncustodial parent has become delinquent and isn’t making payments according to the child support order, the custodial parent may go back to court and file an enforcement action, which means that the parent asks the judge to make the delinquent parent follow the support order and make the required payments. Custodial parents can either file this action on their own and represent themselves in court, or hire a private attorney to pursue the action on their behalf.

The judge has several choices in these situations. It’s not uncommon for judges to fine or jail delinquent parents for “contempt of court” (meaning, the delinquent parent disobeyed a court order – in this case, a child support order). A judge might also require a delinquent parent to pay a portion of the outstanding child support as a condition of being released from jail.

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Federal and state law require the CSD to provide these services, including:

    • working with other states to collect child support if the paying parent moves away from Texas
    • filing liens against the paying parent's property and assets (like houses, land, and motor vehicles)
    • suspending the paying parent's driver's license, professional licenses and certificates, and fish and game licenses
    • intercepting lottery winnings, federal income tax refunds, and other state and federal monies that might be due to the paying parent
    • filing a lawsuit against the paying parent and asking the judge to sentence the parent to jail and enter a judgment against the parent, and
    • locating the paying parent's employer and requiring the employer to deduct child support from paychecks ("wage withholding").
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    If he is behind in child support payments, his estate will owe the past-due amount. Once his estate has been opened for probate, his ex-wife, other adult custodian or even state child support enforcement agency may file a claim against his estate with the probate court for back child support. The executor may prevent the accrual of future child support payments by notifying the courts or state child support enforcement agency of the dad’s death. The estate will generally have to pay the child support obligation before assets are disbursed to those named in his will.

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    Customer reply replied 4 months ago
    His mother is not doing well at all. He is in the will I do not think he should get those moneys. I need the cscd to do all of that for me. If he got wind that I did this on my own he will prob kill me. Not only that this mom can asap change the will so that he gets it under the table.
    Customer reply replied 4 months ago
    He has no wife. Pretty much NOTHING. He is waiting for her to die basically.

    This is a common situation. You may wait for the mother to pass away. Once she passes and an estate is opened for the mother, you may file a claim against the estate for payment of the back child support.

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    You need to stay persistent. You are owed this money and you need to keep fighting this. Men in this situation hope their ex will give up the fight.

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    Customer reply replied 4 months ago
    I should have the papers rEADY FOR THE DAY SHE DIES?
    Customer reply replied 4 months ago
    Is there a way that I can do the paperwork now and him not know yet? CAn the Child Support do this with out me?
    Customer reply replied 4 months ago
    What type of lawyer do I need to use if CSCD won't do it?

    Basically. You will not be able to file until an estate is open. Yes, you may prepare the paperwork without him knowing. I highly recommend using an attorney to prepare the proper documents. Since your ex is in arrears you can request he pay your attorney's fees since you would not have accumulated the expense if he paid timely. You need a Family Law Lawyer.

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    Customer reply replied 4 months ago
    What type of lawyer would be best?

    A Family Law Lawyer

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    Customer reply replied 4 months ago
    I obviously don't have a lot of money since I am disabled since 11-11-02. what kind of cash do you think this would take I just dont want to be taken for.
    Customer reply replied 4 months ago
    EVERYTHING costs BIG in Texas....

    To file a claim against an estate should cost under $500.

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    Customer reply replied 4 months ago
    When something happens to her and I have paperwork ready, how do I know when the estate is "open"

    You may call the clerk's office in the County in which she resides. The clerk will let you know whether a Will was filed and if an estate has been opened.

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    Customer reply replied 4 months ago
    I just need to be on my toes and not be taken for any longer! Ive been fighting this issue.The support is for our twins so I have had to care for them (aqnd still kinda are ie: college).

    Back child support never goes away. It does not matter how old the children become, that money is always owed to you.

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    Customer reply replied 4 months ago
    He is one of the twins BUDDY and the other WONT even talk to him for anything. The Buddy twin tells me everything that's how I know he is running dope and stuff like that.

    You want to be a gnat that never goes away. You have rights so don't give up.

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    Customer reply replied 4 months ago
    I will try to call the cscd tomorrow and see what they will do (for nothing prob). If I speak with someone that can happen I will go to a civilian family lawyer.Any other sugguestions Twins were born in 1996. What if I die before payments are complete.

    The twins may still go after the child support that is owed after your death.

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    Customer reply replied 4 months ago
    Wow. That would be great. The only thing is that they will NOT pursue him. SCARED

    I understand but at least you know the option is there is they want it.

    Jessica B
    Category: Family Law
    Satisfied Customers: 1,684
    Experience: Attorney at Donald B. Linsky & Associates, PA
    Verified
    Jessica B and 87 other Family Law Specialists are ready to help you
    Ask your own question now
    Customer reply replied 4 months ago
    Thank you!

    Please let me know if you have an additional question. If not, please remember to rate my service. Thank you!

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