I am owed about 20g back child support from my sons dad when we divorced many years ago. We remarried about 6 years ago and have been separated for about 2. he has never really worked which is why I never got any child support. Child support recovery was no help because unless you collect welfare from the state they really don't care. My son is now 28, but his father has come into an inheritance as well as a house, free and clear. Do I have any legal recourse to collect this money?

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Originally Posted by freethe8

... his father has come into an inheritance as well as a house, free and clear. Do i have any legal recourse to collect this money?

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Yes, you should be able to collect it. To my knowledge, the fact that you re-married him would not bar you from collecting upon the prior child support order.

You should file a claim with the probate court with jurisdiction over this inheritance. I would also consider a garnishment action against the personal representative. Definitely you need to consult with an attorney licensed in the jurisdiction where the estate is being probated.

Another option is to again divorce him, asking that you be given the house, as part of the divorce, or that the house be sold and that you be given enough of the proceeds to satisfy your child support claim, with interest from the date of your first divorce.

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Originally Posted by AK lawyer

Yes, you should be able to collect it. To my knowledge, the fact that you re-married him would not bar you from collecting upon the prior child support order.

You should file a claim with the probate court with jurisdiction over this inheritance. I would also consider a garnishment action against the personal representative. Definitely you need to consult with an attorney licensed in the jurisdiction where the estate is being probated.

Another option is to again divorce him, asking that you be given the house, as part of the divorce, or that the house be sold and that you be given enough of the proceeds to satisfy your child support claim, with interest from the date of your first divorce.

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I am not so sure that the debt wasn't erased when you married again. The concept of funds intermixing in a marriage would make it tough to sort out. The concept being that the monies generated by both parties are comingled. Im not sure that this would be considered separate property. Also I don't see any mention of collection attempts during the 2nd marriage. In states that have community property then the spouse would be paying the money back to the monies of the marriage. How would you apply the payments? Its very different from third party collection and remarriage of one party.

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Originally Posted by califdadof3

I am not so sure that the debt wasnt erased when you married again. The concept of funds intermixing in a marriage would make it tough to sort out. The concept being that the monies generated by both parties are comingled. Im not sure that this would be considered seperate property. Also I dont see any mention of collection attempts during the 2nd marriage. In states that have community property then the spouse would be paying the money back to the monies of the marriage. How would you apply the payments? Its very different from third party collection and remarriage of one party.

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That's why it might be best to simply ask that this be taken into consideration in a 2nd divorce. Especially in an equitable distibution state.

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Originally Posted by AK lawyer

That's why it might be best to simply ask that this be taken into consideration in a 2nd divorce. Especially in an equitable distibution state.

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Understood. Im not actually sure either way how it would go but I can see a legal argument for both sides. Its an odd situation.