I am an executor of a will and would like to know if any beneficiary of a will owes the Child Support agency any money,

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Customer: I am an executor of a will and would like to know if any beneficiary of a will owes the Child Support agency any money, does the Child support agency expect that money to be repaid from the beneficiaries share of the estate?
JA: When was the last payment made? How much is owed?
Customer: I do not have those specific details. Estimate of funds owed to be between $30,000 to $80,000.00 including fines.
JA: Has a court order been entered for any unpaid child support?
Customer: I am not yet aware of the details. I am meeting with family members in coming days. Just would like to prepare for any questions I may be asked. Also would like to know what questions I should ask, if you could assist please.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There is 6 sibblings.
Answered by John Melis in 5 mins 1 year ago
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John Melis
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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John Melis
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John Melis
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79128 Satisfied customers

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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

Have you file for probate yet and has it been approved?
Customer
Hi
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John Melis, Expert

Have you received a letter from Child Support?
Customer
No. I am the executor of my mothers estate. I wish to know if any beneficiary of that estate will be required to repay and outstanding child support debt as part of the estate settlement. Will the executor (me) become liable if the debt is not repaid?
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John Melis, Expert

The Executor can make a claim against that person for the outstanding child support.
Customer
If I do not make a claim against that person for repayment of the debt before the estate is settled and gifts are distributed, can Child Support in NSW Australia make a claim for that debt on me as the executor of mum's estate?
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John Melis, Expert

If you do not make a claim against that person then you lose the money that's owed to the estate. Then executor could be liable to the other beneficiaries.
Customer
Will Child Support department claim this debt from the beneficiary directly responsible for the debt when they become aware of the gift being distributed to beneficiaries from the estate upon settlement? What is to prevent the person from not paying this debt and then I become responsible for it? Could this happen? Will I need to make a claim against the Beneficiary responsible for the debt prior to settlement of the estate to prevent this?
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John Melis, Expert

You are the executor of the estate. Is your job to ensure all monies are paid into the estate. If you fail to secure all the monies into the estate, you could be personally held liable.
Customer
Thank you for your advice John.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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