Ok need some advice..
Here are the details.. My x never paid child support for 16yrs. My son is now 21. My ex's grandmother passed about a month ago and the will giving an equal share to all kids but if they have passed there kids get there share. Meaning my x n his siblings get there mothers share of the inherent. Is there a way I can have my son get his father's share? My x is a junky n a convictMy son is military n just had his 1st child. Me n my ex's siblings agree my son should get the inherent not my ex. All info is appreciated
I'm not a lawyer, and I don't play one on TV or TER, but it sounds like you or your son will need to contact a real lawyer at some point. In the meantime, ...
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Are there any free legal services in your area? Law school students -- not yet lawyers, but qualified to give helpful advice -- often operate law clinics to help people. Any law schools near you?
http://lawschoollocator.com/florida/orlando
Law Schools in Orlando, Florida
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Some places have Legal Aid Society. E.g.,
http://www.orangecountybar.org/about/legal-aid-society/
Legal Aid Society of the Orange County Bar Association, Inc.
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http://www.findlaw.com/state/florida-law/free-legal-aid-in-orlando.html
Free Legal Aid in Orlando
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http://www.freelegalaid.com/nav/Florida
http://www.freelegalaid.com/nav/florida/divorce-and-family-law
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http://www.clsmf.org/
http://www.clsmf.org/service/divorce-children/
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http://www.orlandojustice.org/
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Maybe you or your son can get a free consult with a family law lawyer. Prepare notes ahead of time. If you get a free 30 or 60 minutes, you don't want to ramble away and waste most of the time.
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As I said, I'm not a lawyer, but I've seen lots of TV lawyers. Since your son is now 21, if HE wants to sue for some of the inheritance, HE might have to be the one to file a claim. YOU don't have standing to file a claim for the inheritance as your son's inheritance ... I don't think. If YOU wanted to sue for back child support (was there ever a court order for child support?), then YOU would have to do that.
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Good luck!
Ok need some advice..
Here are the details..
My x never paid child support for 16yrs. My son is now 21.
My ex's grandmother passed about a month ago and the will giving an equal share to all kids but if they have passed there kids get there share. Meaning my x n his siblings get there mothers share of the inherent.
Is there a way I can have my son get his father's share?
My x is a junky n a convict
My son is military n just had his 1st child.
Me n my ex's siblings agree my son should get the inherent not my ex.
All info is appreciated
-- Modified on 6/25/2022 10:13:41 PM
Your son needs to get a lawyer, go to Family Court and get a judgement against your ex for non-payment of child support. You'll need to provide all your bank records over the years as proof. It should be a slam dunk.
Then you take the judgement and file it against him in order to have his accounts frozen so he can't spend the money until the judgement is satisfied.
This all takes time and is a pain in the ass but it's the only way to do it. And it needs to be done quickly, otherwise your ex will piss all the money away and there'll be none left to fight over.
And, yes, I've done it myself.
Yes there was a court order for child support
I'm still not a lawyer, but I am GUESSING:
1. Your son can make a claim to some of the inheritance as an inheritance ... maybe. That would be separate from your claim.
2. You can make a claim to some of the inheritance for unpaid child support. "Ex didn't pay for 16 years. Now he has some money (the source not important: inheritance, lottery, ...), and he owes me the unpaid amounts plus interest."
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ASAP, contact the free legal services in your area and then find a REAL lawyer to get the REAL answers about how to proceed.
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GOOD LUCK!
Yes there was a court order for child support
...his father was living at the time his grandmother passed away.
If your ex had predeceased his grandmother, then his heirs (your son) would have received his share "per stirpes" because that's the way the will was written. Unfortunately for your son and you, your ex was living at the time his grandmother passed away so he gets his equal share.
In your divorce, the Court ordered your ex to pay child support to YOU. Child support is owed from one parent to the other parent; it is not a debt owed to the child. Even though your son is now an adult, the child support is owed to you because the court ordered the child support when your son was a minor.
IF a parent is dead and her son is an adult, the son, representing his mother's estate, could sue for back child support because the money is still owed to his mother's estate.
Keep close track of the probate of your ex's grandmother. As soon as your ex gets his share, go after him for the back child support.
but I think what you're saying is that your ex's mother died before her mother (your ex's grandmother). The share your ex's mother would have received goes to your ex and his siblings per stirpes. Unfortunately, it still doesn't change anything - your son will receive nothing from his great-grandmother's estate.