Are you owed a significant sum of child support?
Has the obligor of your child support recently received or is about to receive an inheritance?
Unfortunately, parents may fall delinquent on their child support obligation for any number of reasons.
The overdue payments that they owe are known as “arrears.” The good news is that, in New Jersey, you may be entitled to collect child support arrears from their potential inheritance before the other parent can collect any inheritance from the decedent’s estate!
However, there are certain steps that must be taken before you can collect child support arrears from the other parent’s inheritance. First, either you or the probation department must sue the obligated parent in Family Court, and you must obtain a Judgment specifying the amount of money that you are due. Then, the Judgment must be “recorded” or “docketed” with the Clerk of the Superior Court in Trenton. If you already have your support being paid thru probation, there is a child support account which the personal representative of the estate of the decedent (the executor or the administrator) is required to search, to see if any of the beneficiaries of the estate may, as in your case, have a support obligation with arrears. In such case, there is no need to file the complaint or motion in court. This would typically show up in the search. If your support is NOT paid to you thru probation, you will need to pursue the judgment as quickly as possible so it shows up in a support search before the estate is distributed.
Once the Judgment is recorded, it becomes a statewide lien. This means that the Executor or Administrator of the Estate cannot distribute any money to the owing parent until the Judgment is paid off (or “satisfied”).
Family Law and Estate Attorneys at Goldstein Law Group can assist you in obtaining a Judgment for overdue child support, creating a statewide lien, and collecting from the other parent’s inheritance.
How do I hire an attorney to help me collect child support owed to me?
The attorneys at Goldstein Law Group have decades of combined experience assisting New Jersey residents with a myriad of family law and estate administration issues, including collecting overdue child support payments, and we are here to help you. To schedule an appointment to speak to one of our knowledgeable New Jersey estate attorneys, call us at 732-967-6777 and ask for a free phone or video consultation. We have two offices conveniently located in Old Bridge, New Jersey and Brielle, New Jersey. However, we represent clients throughout the entire state of New Jersey, including Middlesex County, Monmouth County, Ocean County, Bergen County, Hudson County, Essex County, Somerset County.