[WSBAPT] How to provide for Testator's child support obligation

[Roger Hawkes]

Unpaid support becomes a judgment when unpaid, each month.  Seems like it would be  a lien on the real property but naught else.  So except for lien on real property it should require a creditors' claim.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
Sent: Friday, March 20, 2015 9:57 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] How to provide for Testator's child support obligation

I agree with Kerry. The statute is RCW 26.09.170(3)<http://app.leg.wa.gov/rcw/default.aspx?cite=26.09.170>. If there is an obligation-after-death provision in the Order of Child Support, then I think the Will could simply state that the child may have a legal claim against the Estate based on the Order of Child Support, but except for lawful fulfilment of such claim as it may be presented, the child receives nothing under the Will.

I don't think an actual bequest is necessary, because the Order of Child Support typically does not require maintaining a bequest for the child (though some do actually say that), but rather that the Estate is burdened by the obligation, regardless of what the Will says.

As an aside, I wonder if such an obligation is subject to the creditor claim process. I think it would be, but since it's a court ordered obligation, does it really need an individual to step in and file a claim in order to make it good?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kerry Richards
Sent: Friday, March 20, 2015 9:26 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] How to provide for Testator's child support obligation

Dear Sara:
Child support obligations die with the obligor parent according to the applicable statute. I suggest you examine the Order of Child Support to see if the parties have agreed the support obligation should survive the death of the parent. If they have agreed to the obligation surviving the death of the parent, they also probably have a security device in place such as life insurance or the right to make a creditor's claim against the estate. I would investigate a bit more which will reveal the best course. If it dies with the obligor parent, then what you have done may suffice. If the obligation survives, there could be a calculation on a declining basis to include in the will. Then again, the purchase of a term policy of life insurance could also handle the task.

Yours truly,

Kerry A. Richards
_____________________
Bradshaw & Richards, P.S.
11300 Roosevelt Way NE, Suite 300
Seattle, WA 98125
Phone: (206) 622-3444
Fax:  (206) 363-8067
Email: KRichards at brad-rich-law.com<mailto:KRichards at brad-rich-law.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Friday, March 20, 2015 8:42 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] How to provide for Testator's child support obligation

Listmates,

How would you draft a will provision for a testator who does not want to leave any bequest for his minor child by a prior partner, but who has a court-ordered child support obligation to that child until he/she reaches age 18?

Of course the will identifies the child by name and states that the testator's intent is to make no gift to the child.  Should I also include a conditional provision for payment of any legal obligation existing upon Testator's death?  Or just leave it up to the child's parent/DSHS to claim against the estate?  Or something in between?

Thanks in advance,
Sara

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Sara D. Longley, J.D., LL.M.
Attorney at Law
1718 NW 56th Street #304
Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
Sara at Longley-law.pro<mailto:Sara at Longley-law.pro>
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