D. Marie The Moneyologist: This deadbeat dad’s debt goes back to 1956 — his son says it’s payback time
Terrence Horan/MarketWatch
Dear Moneyologist,
I’m curious as to my own options with my father’s estate. My mother had the local District Attorney’s office go after my father (living in another state) for unpaid child support, after years of trying to get him to honor the divorce decree from 1956. I have all the documentation. She managed to wrest a few hundred dollars this way, but there were many previous years that went unrecovered.
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She kept scrupulous records in a small accounting notebook which I have. She gave up after I turned 18 and left home. I have been estranged from my father for the past 15 years. Is there any statute of limitations for unpaid child support in California? And can I put a lien on his estate after his death, for unpaid child support payments? He is married, and no doubt will leave everything to his surviving spouse. I have two adult sons, and it would be nice to pass something to them when my father passes.
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Marc in Lafayette, Calif.
Dear Marc,
There is no statute of limitations on child support in California. State law on the statute of limitation on child support varies wildly. There is no statute of limitations in Florida. In New York, child support arrears are limited to 20 years from the date of default. In Arkansas and New Jersey, for instance, it’s five years after the child in question reaches the age of majority. The age of majority is usually between the ages of 18 and 21, depending on the state and/or whether the child is still in high school or whether the child has a disability and is unable to be independent).
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The California Department of Child Support Services (DCSS) can intercept tax returns, report non-payment of child support to credit reporting agencies, garnish most Social Security checks and even deny passports being issued. The DCSS reports all noncustodial parents who owe arrears to the Internal Revenue Service and to the Franchise Tax Board. The entire tax refund can be intercepted. Your father could file an “Injured Spouse” claim form with the IRS, but must explain why he or she should receive his or her portion of the tax refund.
Talk to a lawyer, but assuming there was no statute of limitations when you were a minor, you should not have to wait until your father dies to put a lien on his assets either. “A lien on real property can be authorized against a nonpaying parent as part of the mandated enforcement action,” according to Family Law Group in Livermore, Calif. You can read more about that here. A refusal to do so could result in contempt of court.
There is no guarantee, however. If your father had a life-threatening illness or severely reduced income, that could reduce the amount of money he owes, but that’s all the more reason to force his hand sooner rather than later. For parents whose children are still minors, the DCSS aims to make the process easy and inexpensive.
Of course, for you this seems to be more about the principle than the money, and what you can leave your own children. It’s worth asking your lawyer whether the outstanding amount is worth the time and expense of pursuing.
Do you have questions about inheritance, tipping, weddings, family feuds, friends or any tricky issues relating to manners and money? Send them to the Moneyologist and please include the state where you live (no full names will be used).
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Published at Sat, 15 Oct 2016 20:08:48 +0000
