It is widely known that children can suffer the consequences of a divorce. All too often, these consequences are the result of a failure of one parent to pay child support. There can be legitimate reasons for an inability to pay, and if something occurs that would enable the parent to pay child support, the funds should be forthcoming.
In one recent case, a woman’s ex-husband’s mother passed away, and there was a child support judgement against the ex. The ex-husband stood to inherit money from his mother’s estate. According to New Jersey law, if there is an outstanding child support judgement, the judgement should be satisfied to the fullest extent possible before funds are dispersed to the beneficiary.
In this case, the person to whom the money is owed has the right to reach out to the decedent’s executor to inform him or her of the claim. But even if that does not occur, the executor or attorney is obligated to execute a search for any outstanding child support judgements. Child support may have priority over other debts seeking to be satisfied by the estate.
If a parent in New Jersey has an outstanding child support judgement and has questions regarding how the judgement can be satisfied, he or she might benefit from having a confidential conversation with a family law attorney. A lawyer can review the circumstances of the judgement and may be able to offer advice on what legal options are available. The attorney may be able to advise the client on other available methods of satisfying the judgement.