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  1. #1
    Join Date
    Nov 2010
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    3

    Question Order of Judgement Priority: Estate Tax or Child Support

    My question involves collection proceedings in the State of: NY
    My Ex owes many thousands of dollars in back Child Support and is in jail.
    His father died 5+ years ago and had 3 homes which needed to be sold and proceeds divided between 2 heirs. None of the family members stepped forward to probate the estate so a public administrator has taken over the duty.
    (Note: My own lawyer, the Child Support court specialist, and Case Worker, as well as Phone Representatives from NYS Department of Taxation and Finance, could NOT answer this question)
    1 of the houses has sold, and it looks like it will be enough to pay him for his child support and get him out of jail. He does not have his own lawyer to work for him but I am actually trying to help him get out of jail.
    The Lawyer for the public administrator (in charge of the father's estate) is waiting for the other 2 property to sell, saying the estate taxes need to be paid out first.
    Something tells me the Child Support is supposed to be more important (Thinking about Real Estate law- if there is a Child Support Judgment and unpaid proprty taxes, when a house is sold, the Child Support actually comes out before the Taxes can be paid)

    Please tell me what law this involves! Its not really Property Law, more Estate or CS collection laws.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,481

    Default Re: Order of Judgement Priority: Estate Tax or Child Support

    It has no bearing on "importance."
    Child support owed by an HEIR has no bearing on the estate (tax or otherwise).
    Unless the gross value of the estate is worth more than $675,000 there's not any NJ or Federal estate tax do (assuming we're talking 2005 as the year of death).
    How big of an estate is this and how much does he owe?

  3. #3
    Join Date
    Nov 2010
    Posts
    3

    Default Re: Order of Judgement Priority: Estate Tax or Child Support

    It actually does. They based the initial Child Support judgement on the amount demonstrated he was in line to inherit. It is considered a Resource by which Children can be supported. Not Alimony, but yes CS. In fact, the liquid assets (his father's stock accounts) were held and distributed by the Department of Taxation and Finance the moment they were turned into his name, as this kind of liquid assets do not have to go through Probate.

    He is held in Jail on $230,000. worth of unpaid child support and provisions for an escrow account by which future support payments can be made, since his track record of paying of his own accord was 0-0. Again, He never hired himself a lawyer, showed up in court, never probated or took the reigns of his father's estate. Passed the Psych evaluation in Jail fwiw.
    He is now also basically homeless since he had been living in one of those 3 properties taken over by this public administrator. I want to help him find a place to live and we are not enemies. I visit him in Jail and put money into his jail account for food, etc. He has no other relatives.
    Also-- it is NY and the 3 properties are worth a total of probably a million (one sold for 525k, 2 more less valuable to be sold).
    Thanks for reply

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Order of Judgement Priority: Estate Tax or Child Support

    You appear to have misunderstood. Whether the heir owes $1 in estate taxes or $1,000,000,000, the estate tax owed by the estate remains unaffected. If the child support calculation for some reason took an expected inheritance into consideration, and the estimate was wrong, the parties to the child support proceeding would presumably ask the court to revisit its projection. But that wouldn't change by even a penny the amount of estate tax owed by the estate.

    The estate will pay the taxes it owes first, along with court costs, administration fees, and any other debts for which creditors of the decedent have made timely claims, and only then will it distribute the remaining assets to the heir(s).

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