Poughkeepsie, NY asked in Estate Planning and Family Law for New York

Q: Do I add child support settlement in a will or will the state continue to collect and pay to my estate?

My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s money owed me that I have already paid out.

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3 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Estate Planning Lawyer
  • Commack, NY
  • Licensed in New York

A: Regular child support payments terminate upon the death of either the payor or payee. Judgments may be collectable against the estate of the Judgment debtor's estate but a claim has to be filed. Typically the parties are required by the Judgment of Divorce to carry life insurance to cover child support, but this must be stated in the JOD.

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Your estate will succeed your rights to collect any judgment.

1 user found this answer helpful

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: If the money is owed to you then the money will be collected until paid in full. If you should die before it is fully collected it is paid to your estate.

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