Ask Experts Questions for FREE Help !
Ask
    jamick's Avatar
    jamick Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 25, 2008, 04:45 PM
    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 .
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
    Ultra Member
     
    #2

    Jan 25, 2008, 05:03 PM
    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.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
    Expert
     
    #3

    Jan 25, 2008, 05:11 PM
    Did he have an estate or leave any assets?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Jan 25, 2008, 06:47 PM
    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.
    chrisadvice's Avatar
    chrisadvice Posts: 1, Reputation: 1
    New Member
     
    #5

    Mar 3, 2011, 12:59 PM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Deceased parent - back support [ 1 Answers ]

I see many answers supporting the fact that back child support is due to the obligee/ custodial parent for their past expenses of raising the child(ren). But what if that parent has died? Not the NC, obligor, paying parent, but the one whom support is owed. What if the County CSEA has been...

My deceased exhusband still owes back child support. [ 2 Answers ]

My exhusband died Dec 30, 2007. He still owes back child support. Will I ever see this? He had not filed his taxes for 07 yet and the state would have intercepted the return. Am I or the State of FL considered a creaditor against his estate? It there any hope in ever seeing the money? We need...

This is about money owed a deceased person [ 3 Answers ]

My daughter owed my father 7ooo. She paid 2000. Of it and my father died a month later. My brother is trying to sue my daughter for this. I need a reference point to give to judge. Can anyone help me. I already paid 800. To a lawyer who says you cannot sue a family member for money lent. But I...

Child support/custodial parent moves in with boyfriend [ 5 Answers ]

I just got ordered by court to pay $200 a week in child support for my one daughter. Now I find out from my 9 year old daughter that her mommy's boyfriend has been living with them and now are moving into other house. He is paying for everything. My question is can my child support be...

How to get child support for children of a parent on ssi [ 1 Answers ]

Hi I would like to know what do I do if my two kids father draws ssi?the ? Is how do I get help for my kids? Do I need to apply for ssi for the both? He doesn't have to pay but should I have to do it on my own?


View more questions Search