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    l5559's Avatar
    l5559 Posts: 3, Reputation: 1
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    #1

    Feb 1, 2013, 11:22 AM
    Child support after death
    My child support order was filed later in my child's life. He, non-custodial parent was ordered to pay support payments until 2017. Last week he committed suicide. My support was stopped. Now it has to be filed as a claim against his estate. He was married and he and his wife owned property together. Do I stand a chance to collect future payments for her? What if he signed everything over to his wife and left nothing in his name? It was part of the support order to go against the estate. My child is 19 and beyond the age of SS. She depends on the support money to go to college.

    If this kind of thing can happen I want to warn others to not agree to support payments being future. I feel I did not receive good advice from lawyers. In the mediation they convinced me that this would be okay.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #2

    Feb 1, 2013, 11:54 AM
    No, you cannot collect child support from dead parent.
    You may claim only areas from his estates/if any/.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    Feb 1, 2013, 12:03 PM
    If this kind of thing can happen I want to warn others to not agree to support payments being future. I feel I did not receive good advice from lawyers. In the mediation they convinced me that this would be okay.
    LOL- To agree or not to agree- that's the question!
    By the way it does not matter whether you agree or not. If the non-custodial parent died then you cannot collect child support from him/her.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Feb 1, 2013, 02:45 PM
    What does the order say about the payments that were to be made? If they were child support payments only, then you have no claim against the estate. It would be illegal for the courts to order such a thing. If the payments were arrears then that portion (arrears) can be claimed against the estate. It would be separate from the regular child support.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Feb 1, 2013, 06:06 PM
    Quote Originally Posted by l5559
    ... Do I stand a chance to collect future payments for her? ...
    Not in my opinion.

    Quote Originally Posted by l5559
    ... What if he signed everything over to his wife and left nothing in his name? ...
    Now, that's another matter, as far as past-due child support. It could be termed a fraud on creditors and set aside.

    Quote Originally Posted by l5559
    ... It was part of the support order to go against the estate. ...
    Please explain.
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