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Holding Siblings Accountable for Back Child Support?

My brother-in-law owes almost $ 50,000 in back child support. A lawyer from the state of California told him that if he dies before the sum is paid in full, that the state can go after his siblings for it. Is this true?

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By Darlene

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February 20, 20130 found this helpful

You are going to have to consult an attorney about this. But then on the other hand why hasn't he been paying child support? There is absolutely no excuse for an absent parent to not pay their child support.

 

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February 21, 20130 found this helpful

I seriously doubt that his siblings could be held responsible for any of his debts. He may be telling you that to get you to help him raise the money.

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I would definitely consult a lawyer though.

 

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February 21, 20130 found this helpful

No.

 

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February 22, 20130 found this helpful

No sibling is responsible for what another, adult, does. If your brother-in-law dies and leaves his siblings an inheritance, the courts can go after the inheritance for the money he owes. Sounds like your brother-in-law either misunderstood or is trying to elicit some financial help from you.

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Is there a reason he failed to pay child-support? I'd call an attorney, consultations are usually free, to find out all the ins-and-outs of what he is telling you. You have the right to know if he is a free-loader or not when his hand is attempting to make its way into your pocket.

 

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February 22, 20130 found this helpful

No, your siblings, unless they hold power of attorney, a guardian or through a court order are responsible for the actions of the B-I-L, No.

 
February 5, 20160 found this helpful

This is a complicated issue. If there is any inheritance that is combined with his siblings such as money, property, etc., of course his portion may be something that can be attached for back child support. This goes for anything he owns that is not protected by a trust, or preempted by a lien or hold such as a tax lien. The IRS always gets their money first! Everyone else has to get in line behind them and every state has rules as to who stands where in line. A good Estate Attorney can sort it out for you and protect any inheritance that he might want to go directly to the children.

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Just keep in mind, they will find a way to get the child support. Keeping tax refunds, suspending/revoking his driver's license, putting him in jail, etc. He really needs to make payment arrangements on the $50,000 before really bad consequences begin to catch up with him. To answer your initial question, no, a sibling should not be held liable for their siblings debts. If you own property in common or a business together, I suggest you undo that because in those cases your property/business can be attached.

 

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