United States v. 127 Shares of Stock in Paradigm Mfg., Inc.
Opinion
Opinion
McKIBBEN, J.
ORDER GRANTING SUMMARY JUDGMENT
The motion for summary judgment of Plaintiff UNITED STATES OF AMERICA came on for hearing on October 22, 1990. Assistant U.S. Attorney Edward L. Knapp appeared for Plaintiff. Franklin S. Cibula, Esq., appeared for claimants CAROL AN DREWS ORCUTT, JOY MARIE ANDREWS and JILL NICOLE ANDREWS.
The pleadings previously filed in this matter, the memoranda and declarations filed by the parties and the arguments of counsel having been duly considered, it is hereby ordered as follows.
The claim of minors JOY MARIE ANDREWS and JILL NICOLE ANDREWS is based on their alleged status as creditors of their father, Michael Andrews, for unpaid child support. Said claimants have not established that their general right to child support has been reduced to a judgment, nor that any judgment was ever executed against defendant property before it was seized by Plaintiff pursuant to the Seizure Warrant in this case. The minor children are therefore, at most, general unsecured creditors of Michael Andrews. Children do not have standing to assert a claim contesting the forfeiture of assets of their parents in general, since their only interest in their parent’s property is…