Welcome! | Ask A Question

 
 
 
 
Question

Asked 6/15/2009

Can a pending inheritance be intercepted for child support arrearage?

I live in Md., have a court oder for child support for my son. His father is over $60,000 in arrears in child support payments. A deceased relative (who lived in New Jersey) is leaving him a substantial amount of money. If it can be intercepted for support is there ay action I need to take to ensure that ? YOur help is greatly appreciated.

 
 
 
 
 
Answers

Answer 1/6 - Submitted 6/15/2009

The first step in establishing child support collections (payments) is to attain a legal court order for child support. In setting up a child support order, the court will determine the amount of money to be paid by the non-custodial parent each month. This amount will be based upon the pre-established child support guidelines that are designated by each state. These guidelines take into consideration such factors as the financial needs of the child, the custodial situation, and the economic resources of both parents. If the child is in foster care, the court order may determine that both parents are bound to pay child support. Most states also require that health insurance coverage be provided for children; therefore the court order for child support may also include a provision outlining the medical support for the children. These days, income withholding is the preferred method of child support collection in most states. This method allows the non-custodial parent’s employer to automatically deduct child support payments from his or her paycheck just as income taxes are deducted. These funds are then sent directly to the state’s child support collections agency for disbursement to the custodial parent. In addition to income withholding, most states can also utilize other methods for enforcing a court order for child support and collecting past due child support payments. These methods include credit bureau reporting, establishing liens against real and personal property; license denial or suspension, revoking passports; intercepting tax refunds, lottery winnings, unemployment funds, or workers’ compensation payments; garnishing bank accounts, and enforcement through the courts. When a non-custodial parent owes past due child support payments, the state child support agency may report this delinquency to the consumer credit bureaus that track credit records. This can affect the debtor’s ability to secure a loan, obtain employment, or establish a new credit card. According to the child support laws in most states, the state child support agency can place a lien on certain types of real property owned by the non-custodial parent such as his or her house or car. This lien will prevent the non-custodial parent from selling the property until all the debt is paid. In addition, some states allow the child support agency to seize the property as payment for past due child support payments. Many state child support agencies can work in cooperation with other state and federal agencies to request that a non-custodial parent who is in arrears for child support payments has certain licenses denied or revoked. These include driver’s licenses, recreational licenses, passports, and professional licenses. If a non-custodial owes past-due child support payments, the state child support collection agency may intercept other sources of income, such as tax refunds, lottery winnings, unemployment funds, or workers’ compensation payments to repay the debt. The amount intercepted will be no more than the amount of delinquent support owed. Child support agencies can also garnish a non-custodial parent’s bank accounts or investments in order to pay for past due child support payments. In severe cases, when the state has not been successful at obtaining child support payments using the other enforcement methods mentioned above, the child support agency may ask to courts to take action against the debtor. He or she may be subject to jail time or required to post bond agreeing to pay their child support payments on time in the future.

 
 

Answer 2/6 - Submitted 6/15/2009

In the state of MD yes they can intercept an interitance for child support. However if your ex husband gets money from a life insurance policy no one can touch it. What you would need is to get an attorney that deals in child support. They will charge you a percentage but will usally not ask for any money upfront You can go online to childsupportlawyers.com and type in your state. You need to know that as far as the child support division goes they cand help you with this 7 steps to helping you to get child support. 1. Withhold childsupport from wages and unemploment benifits.
2. Intercept Federal and State Tax refunds to pay child support arrears.
3. Report parents owing past due support to credit bereaus.
4. Refer parents owing past-due support to the motor vechiche administration for drivers licence suspension.
5. Intercep Maaryland lottery winnings to pay child support arrears.
6. Bring contempt of court actions against parents who do not comply with thier child support court order.
7. Refer cases for Federal prosecution when non-custodial parents move to another state to avoid paying child support.

 
 

Answer 3/6 - Submitted 6/17/2009

Thank You for the information you have provided. However while helpful, doesn't specifically address the question regarding INHERITANCE money. My child support is a court ordered arrangement. Does that mean that the child support enforcement agency in my jurisdiction will automatically intercept any money due or do I need to obtain an attorney to take that action?

 
 

Answer 4/6 - Submitted 6/18/2009

Thank you for further clarifying that .But that raises ANOTHER queston. Does that mean any monies accounted for in his relatives estate that would have come from life insurance policies cannot be touched for child support? I know that a substantial amount of the inheritance came from the sale of real estate his uncle owned.

 
 

Answer 5/6 - Submitted 6/19/2009

In short, Yes!

 
 

Answer 6/6 - Submitted 10/6/2011

You would go back into the court that issued the child support order and tell them about the coming inheritance from New Jersey.

Child support is an interstate issue in our country and state borders are no barriers to enforcement of a child support order.

Yes, you certainly can make an emergency petition for interception of the inheritance money. If the money somehow already go through to the father, you can have the FBI take him into custody on order of the family court for arrearages in child support, and make him pay.

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
Child support garnishment of unemployment benefits and irs refund in nc

My ex is 2 payments behind and has requested child support modification when child support is due to expire 06/2010. he has not submitted the appropriate documentation and we have no court date- earliest should he comply we could be on the docket is now april. i believe he has no intention of paying...

See Answers

 
Involuntary payments

Why is child support services holding the money they collected involuntarily. my ex filed joint with his wilfe and they have collected 1500 in back child support that they tell me they are going to hold for 6 months. is there any way to get around this 6 month hold. the ex is playing . ha ha look...

See Answers

 
Why does child support services want my gross income when i am not the parent of the child?

My husband and his ex are in the middle of modification and child support in california. they initially had an agreement for him to pay for the child's schooling now she wants to bring in child suppot services.he is asking the court to stop the private schooling and to go along with the calculated...

See Answers

 
Related Questions

Child support garnishment of unemployment benefits and irs refund in nc


My ex is 2 payments behind and has requested child support modification when child support...

 

Involuntary payments


Why is child support services holding the money they collected involuntarily. my ex filed...

 

Why does child support services want my gross income when i am not the parent of the child?


My husband and his ex are in the middle of modification and child support in california. they...

 

What are the legal methods on collecting child support arrears.


I have a child support order dated 3/23/1992 for child support of $90.00 being paid monthly....

 

Can child support services empty bank account?


My friend had his entire savings and checking accounts wiped out by child support services....

 

Emancipation and child support


My ex petitioned the court in nys to stop child support claiming our daughter is emancipated...

 
 

See more Child Support questions

 
 
 
 
 

Ask A Question

Ask a new question about
Child Support: