[sandrasdgo]

Is there a statute of limitations as to how long you have to collect child support in arrears? What about during probate? My ex husband NEVER paid any child support for our 2 children. It has been 8 years and he recently passed away. His current wife is withholding anything from my children and I want them to get what they deserve. Can I still sue for the arrearage?

[JudyKayTee]

You don't sue - you file a claim against the Estate in the Court in which the Will was probated. Do it quickly.

You can't sue "him" because you can't sue a person who is deceased.

[sandrasdgo]

Thank you. It's in another state, Mississippi where the will is being read. How / what forms do I use to get this to the attorney reading the will?

[JudyKayTee]

Start by writing a letter to the Attorney, copy to the Probate Court, copy to the Executor.

Enclose a BILL setting forth the amount due and how it was determined, for example: 10 weeks (10/1/, 10/8, etc.) at $50/week = $500.00

[Fr_Chuck]

Yes, please don't just deal with "the attorney" they may not have your interest in mind. File with bill for this with the court. Bills have to be paid in probate prior to other moneys being paid out to those in the will.

Also ask for a copy of the will, since your kids may have a right, if there were other kids, named in the will, and your kids were not named at all, they may have a right to contest the will.