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    djark's Avatar
    djark Posts: 2, Reputation: 1
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    #1

    Mar 26, 2013, 10:37 AM
    What if spouse dies and owes support arrears on emancipated children?
    My husband accrued some child support arrears when his children were very young and although he has paid child support faithfully for the past long number of years once he got back on his feet, he and I as a family could not make a dent in those arrears and keep up the current payments at the same time. Interest has mounted over the years and there is a $40,000 unpaid balance.

    Now the children are emancipated, and I am wondering what would happen to me if my husband were to die before the arrears are paid off. What do I stand to lose, and what will I be responsible for? I am looking toward retirement soon. Is there anything I can do to help myself in such a scenario?
    djark's Avatar
    djark Posts: 2, Reputation: 1
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    #2

    Mar 26, 2013, 10:40 AM
    I forgot to mention that we live in Arkansas, but the child support order is in Arizona.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Mar 26, 2013, 10:58 AM
    Probate court exists partly to pay off debts when someone dies. If creditors don't come forward by the time the court finalizes the estate, that's the end of the matter of debt. If your husband is still paying (arrears) and stops upon his death, that will be a signal to find out why, and when they find out, they can apply with other creditors at the court. I believe that funerals are paid for first.
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