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.