Q: Can court proceedings of a child support in arrears be heard in probate court
My ex wife filed a claim in probate court for money that's owed by me in back support and she also included my sister in the claim. In their claim, in their I mean my ex wife and her attorney . As previously stated in their filing of the original claim her attorney made reference to my sister and I as fiduciaries for my father's estate. A term of which we weren't made aware of during the reading of my father's will. At the reading of the will the attorney for the estate told my sister and myself that we were executors, my sister was named executor and I was named co - executor. For this reason I questioned the allowance for this case to be heard in the probate court for my father's estate because my ex wife is not a creditor of my father's estate
A: When a person who owes back child support (payor) has the potential to inherit in a probate case, the person who is owed child support (payee) can file an action in the probate case. This is usually by filing a child support lien in the probate case. The money that the payor would inherit would then instead be paid to the child support payment center to pay out to the payee towards back child support.
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