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Child Support Arrearages

When used in reference to child support payments, this term refers to an accumulation of the past child support payments that were not paid by the non-custodial parent of a child in the manner that was ordered by the court. Child Support Arrearages can become a relevant issue in some stepparent adoptions, or in the adoption of non-infant children, because even though a severance, or termination, of the parental rights of the non-custodial parent who was ordered by the court to pay child support, and the subsequent finalization of the child's adoption, will relieve that parent of the "future" legal obligation to pay child support for the child, in most states, this does not erase the legal obligation of the now ex-parent to pay the unpaid child support payments (Arrearages) that became due before the termination and adoption became final.

Question: Can a life insurance inheritance be withheld for child support arrearages in Pennsylvania? My ex's mother passed away leaving him the beneficiary of her life insurance and he owes child support arrearages and I am trying to find out if that money can be held and used to pay towards the back child support and any ideas on how to find out the life insurance information to provide to the department of child support enforcement.

Answer: Doubtful. It's not income garnished from an employer or a tax source. Even if there were a judgment filed, life insurance is generally not going to check the public records for them. Best bet would be to let CYS know he is coming into the money and have them press him for the arrerage thru the courts.

 


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