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  1. #1
    Join Date
    Feb 2007
    Posts
    2

    Default Ex-husband died owing arrearage

    My x died about a month ago. He still owed me over $3700.00 in back support and over $35,000.00 in arrearage interest. Child support did have a lien on all his personal property. He hadn't seen our sons for over 25 years, by his own choice. His family didn't see them either. Now, the family keeps calling to settle this. He had a few things. There is a trailer, atv, and a few small bank accounts. They came to an appointment we had with a lawyer to give information needed to settle his estate. In this meeting, we found out he had a 401K worth $72,000.00. The beneficiary is his brother. Child support has told me previous to finding out this information that the only way they can make a claim against his property, and enforce the lien is if an estate goes to probate, or if titles are tranfered, or property sold. Then they will be alerted by a lien search. They didn't feel they could get anything that had a beneficiary. I guess the 401k isn't condsidered part of the estate because a beneficiary was listed? He died without a will. I looked on the WI lien docket and the lien is listed at $3776.66, instead of the full amount owed. If they had a lien on all personal property, including bank accounts, shouldn't the 401k have a lien on it as well? Is there a huge loophole in Wisconsin's system of arrearage collection? Anyone know who I should talk to or contact about this matter? The sad thing is that the personal property that will be tranfered by affidavit would go to my sons, and child support would enforce the lien on those things. Thank-you for any help.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: X-husband died owing arrearage

    The 401(k) proceeds do not go throug probate since they have a beneficiary.

    However, it certainly would not hurt for you to try to get the child support bureaucrats to go after that asset.

    Otherwise, you are stuck with going after the assets in the probate estate.

  3. #3
    Join Date
    Feb 2007
    Posts
    2

    Default Re: X-husband died owing arrearage

    Quote Quoting seniorjudge
    View Post
    The 401(k) proceeds do not go throug probate since they have a beneficiary.

    However, it certainly would not hurt for you to try to get the child support bureaucrats to go after that asset.

    Otherwise, you are stuck with going after the assets in the probate estate.
    Our lawyer says she is having trouble getting ahold of child support. The person she talked to said there was no lien. He is on the lien docket. I checked it out. I have e-mailed the director of child support in Madison, WI. No reply yet. Would the district attorney take care of something like this? I don't know who to talk to to get some answers. The govenor?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: X-husband died owing arrearage

    In some states, district attorneys have child support enforcement divisions.

    I don't know what the bureaucracy is like in your state.

    Your lawyer sounds pretty useless so start calling yourself.

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