QUESTION
Can I receive back child support of over $17,000 if it was left in a will? My local child support office says no. Please help.
Asked on Sep 03rd, 2015 on Family Law - Florida
More details to this question:
My ex and I were divorced in 2005. We were suppose to have split custody. I have had my girls since 2010 full time doing all of it alone. He lived 10 minutes away and would still go months without keeping contact, until recently his father passed away. I know he was left money, but I believe there are restrictions. The money, and home may have been left in his sister's name, and responsibility. Really not sure. He left for funeral, and never came back. I believe from what my youngest tells me he is staying and living there. Is there anything I can do?
1 ANSWER
The answer is a definite "maybe." You have some complicated facts with a lot of unknowns. In general, if a parent has an unpaid child support obligation, he/she can be held in contempt, and can get rid of the contempt if he/she has assets of any nature in which to pay the back support or some portion of it.
In your case you do not indicate whether you already have a judgment for arrears or not. Still, you would have to find him in order to give him notice of a court hearing. If the money is not his, then you cannot collect against his sister. If he received a house it is even more complicated. Do a little more homework on locating him. Check probate records for the county where the decedent lived. You might turn up something and then perhaps you can get the Child Support Enforcement division where you live to help.
Good luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Answered on Sep 03rd, 2015 at 6:16 PM