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    Lsmithson1953's Avatar
    Lsmithson1953 Posts: 1, Reputation: 1
    New Member

    Feb 5, 2018, 03:35 PM
    Back unpaid child support
    I just found out my ex-husband died in June of last year. He owed 15 plus years of unpaid back child support for out three children. The home he and his current wife owe was paid in full in July 10, 2010 as joint tenants. I have a copy of the affidavit of death of life tenant filed by his wife September 11, 2017. There was no will probated. Do I have any right to request a probate and put a claim in against the home which is paid in full for? Or do I lose out on all the back child support he owed my children. I have my divorce document stating the court ordered amount of child support due my children. This all occurred in the state of CA. thank you, Linda Smithson
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
    Uber Member

    Feb 5, 2018, 07:11 PM
    Spouse of ex was smart to not file probate, that way they didn't have to publicly post a notice to creditors or debtors. You probably wouldn't have noticed it anyway and the time to file has expired. With that much due, I would have had an attorney place a lien on the house a long time ago. How old are the children now? I would check with Social Security to see if children's survivors benefits may apply.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692

    Feb 5, 2018, 09:17 PM
    I don't know CA limit on collection, most states only allow collection of a specific amount of years late (depending if children are still minor or not)

    Again, you needed to have filed a lien on the property years ago, and got a judgement against him ( did you not have any garnishment in place ?)

    But you may call a local attorney but it appears that after the time to protest probate is over, it is too late now.
    talaniman's Avatar
    talaniman Posts: 54,328, Reputation: 10855

    Feb 6, 2018, 05:49 PM
    Do you also have a court order for child support, and a collection order to have it paid?

    Collecting a Child Support Order - support_famlaw_selfhelp

    If these steps where not taken before then there may be very little you can do now. Consult a local attorney for the best advice.

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