Thomasville, NC asked in Family Law, Real Estate Law, Child Support and Collections for North Carolina

Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be

taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The Realtors understanding is that I may not need to sign over my full inheritance. Question, should I talk to her attorney without my own attorney? And if I could argue the fact that now she is facing 15 yrs in prison for trafficking mesh among many other related charges in 3 states, and she is not in any situation to be responsible with any money, especially my grandparents hard earned money. If there is a judgement, my wages are already currently being garnished with arrears payments included. The inheritance is only about $7000 and my spouse and I are currently homeless.

1 Lawyer Answer

Angela L. Haas

Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without filing a Motion with the Court to have your inheritance redirected, at which point you could make your valid objections. The court may determine that the money is owed to HER, since arguably she used her own money to support the children when you were not paying child support. Alternatively, if you can prove that she never earned that much or spent that much on your children (including her rent, car payment, etc. which was partly used by the children), then you could ask that 1/2 of it be kept in trust for the youngest, until he/she turns 18, and the other 1/2 to be given to the 19 year now.

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