Inheritance


#1

My child is in the process of a divorce and child support has been established. The amount required to pay child support is $400 leaving $600 to pay for rent, utilities, food and child living expenses 6 days a month. This is a financial hardship and will probable amount to partial payment for the first month since expenses were high with court costs. The following months will leave partial payments due to the inability to pay. We know the unfair consequences that may follow. S/He wants to contribute financially for the care of his/her son, but the courts made it impossible to do so.

My questions are:
If I should die, would the courts take this inheritance?
Will the court recalculate monthly payments to reflect this?
If I die before the divorce is final, can the spouse claim it?
If I left nothing to my child, can NC sue my estate?

If I give my child a 20 yr old car to use, titled in my name, to have transportation to and from work, can NC take this vehicle to cover the difference in delinquent payments?
What can I do to protect myself should the vehicle get into a car accident, insured under my child’s name but titled in mine?

Thank you.


#2

Your money cannot be taken to pay child support, if however you bequeath funds to your child, the court may attach them up to any amount of back support owed at the time. A one time inheritance is not reason to re-calculate the amount of monthly support.
An inheritance for purposes of property distribution is entirely separate and not divisible.
NC cannot sue your estate and the vehicle cannot be taken.