QUESTION
Will the arrears I owe in child support be passed on to my son from a different father, when I pass away
Asked on Feb 24th, 2021 on Child Support - New Jersey
More details to this question:
Due to several illnesses I am seeking information on how to go about having the arrears on. a child support case from 1991 vacated or terminated. My paychecks have been garnished..however I know I will never be able to pay off the arrears which remain approx. $20,000. Even with the garnishment. Also I broke my wrist last week when I fell on some ice walking home from work forcing me to file for temporary disability. Thank you for any information you can give me.
2 ANSWERS
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
Thank you for your question. There is a possibility that your estate will need to address any arrears that may be due at the time of death. Ultimately, the person whom the money is owed would need to address the issue with any prospective estate. Based on the circumstances, there may be resources available to assist with the issue and it may need to be addressed in the event legal action is taken. Based on the circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
Answered on Feb 26th, 2021 at 12:09 PM
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Divorce Attorney serving Short Hills, NJ
at
Diamond & Diamond, P.A.
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Im sorry to hear about your health and disability issues but absent extraordianry circumstnaces ( which I am not hearing in your matter), the child support arrears will not be vacated and if you pass away, will be a claim against your estate assets ( if any). If its your intent to ensure payment of your arrearage obligation to your child in the event of your passing, you may be able to designate your child as the beneficiary of your retirement assets ( if not pledged for another purpose).
Answered on Feb 25th, 2021 at 6:10 AM