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-   -   Child support owed by deceased parent (https://www.askmehelpdesk.com/showthread.php?t=176667)

  • Jan 25, 2008, 04:45 PM
    jamick
    Child support owed by deceased parent
    I am the custodial parent, my daughter is grown and her father just passed away in dec 2007. He owes back child support for several years, a little oevr 40,000.00, my daughter is grown and does not live with me any,ore and the father was having monies taken out of his check whenever the atty general would catch him with a job that wasn't cash under the table. Okay, now he is deceased what am I entitled to as far as all of the back child support? Do I need to contact the social security office about this or who do I need to be in touch with to see if I would be entitled to his social security or what since this is looked at as a debt? I'm not sure where t go with this .
  • Jan 25, 2008, 05:03 PM
    macksmom
    I would start at the child support office and see where they tell you to go.

    My friend has twins and the father passed away. She receives a child support check through social security.
  • Jan 25, 2008, 05:11 PM
    talaniman
    Did he have an estate or leave any assets?
  • Jan 25, 2008, 06:47 PM
    Fr_Chuck
    As for as child support social security has nothing to do with that.
    Now if there was a minor child ( not a grown child) the minor child could have received a social security benefit till they are 18.

    As for the back child support, you would put a claim against his estate, this would be a non secured debt. And if there is any money or property in his estate you can make a claim on that. Besides that you are just out any money due you, there is no government agency to pay his back child support.
  • Mar 3, 2011, 12:59 PM
    chrisadvice
    When a person is receiving disability Social Security or retired on social security and is alive, their social security can be garnished for child support. What happens when he dies is first try to collect arrears from the estate, which probate may deny if the estate is filed as "NO ASSETS". Check the local papers following the death; posting to creditors that their claims can be sent to such and such an address in order to collect from his estate. This notice is required by probate laws to be posted twice. Generally the probate attorney will take care of this. If there is a will and a person is designated as the Personal Representative of the Estate, and the estate is under $200,000.00 in value, going though Probate is not necessary. The Personal representative mush file the notice twice in the local newspapers. And when all assets are distributed must file the paperwork with the State Judge of Probate.
    If assets are in the estate once liquidated, the deceased person's children are entitled first before any unpaid bills. So first find out if he had a will or trust, find out if notice was in the paper (will include who posted it lawyer or Personal Representative), then go from that point.

    As for collecting child support you must file with Social Security for survivors benefits. Children receive such benefits if under 18, or under 22 and going to college carrying at least 12 credits. As for your collection of delinquent child support from deceased SS, and your children are over 18 and not in college, or over 22; you can file with SS, but they probably would turn you down if the estate provided money for your children. If you were collecting (from garnishment) before, your chances are better. I also fall into your sitution, married less than 10 years from deceased, and child is over 22. I am still trying to collect delinquent child support, but mine is only $3,500, nothing compared to yours.

    Contact social security, make copy of last checks received, include copy of amount he is delinquent, attached death certificate (might have to purchase through county office) and ask for the delinquent amount to be paid in same amount monthly until paid off or whatever payment your willing to accept. They might approve, but doubtful.

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