Q: I have a $100,000 Supreme Court Judgement against my ex husband in Nassau County, NY. Plus he was in default of 135,000
$135,000 child support default . He hid his business, etc. His Mom died in 2016 with a Nassau County Will and its still open- leaving him as one of her beneficarie.s He died after her in 2018without a will Her house just sold. I filed papers in Nassau Supreme Court, so my mother in laws attny is holding approx. $50,000 in escrow, which would have been my ex-share, but if he lived longer, would have been went to the $100,000 judgment. QUESTIONS as I can not find a law to cite and getting all different and incorrect info from different attorney's. Im told an administrator has to be appointed for my Ex for the , plus the attorney she picks get paid out of my judgment money. However, another attorney told me that I can have the Supreme Court Judge issue an order to the Sheriff to collect the funds, held by the attorney by a 3rd party execution, therefor bypassing surrogates court, administrator appointment , etc. Is the info correct about the Supreme Court judge being able to do so.
A: Neither attorney is fully right and both are part right. You cannot do this yourself. File a claim in the ex mother in law's estate to buy time. Then get an order from the Supreme Court as the second lawyer said. Also, child support enforcement can help you. Contact the Family Court to get that process started.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
