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    cjordon's Avatar
    cjordon Posts: 5, Reputation: 1
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    #1

    Dec 10, 2008, 01:38 PM
    Child support
    Can I receive child support from a deceased parent? My children father was killed when he was 20. Only income he had was from working at a carwash. Is there anyway I can receive any benefits/money/help!
    cjordon's Avatar
    cjordon Posts: 5, Reputation: 1
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    #2

    Dec 10, 2008, 01:44 PM
    visitation rights
    Can my child's father be granted visitaiton rights if he doesn't have a home or he lives with his parents?
    GirlWSlingshot's Avatar
    GirlWSlingshot Posts: 224, Reputation: 21
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    #3

    Dec 10, 2008, 01:53 PM

    He won't be denied visitation based solely on the fact that he lives with his parents.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Dec 10, 2008, 02:39 PM

    I'm a little confused. On your last question, you stated that your children's father was deceased; now you're asking if he can obtain visitation. What's the real story?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 10, 2008, 02:42 PM

    I merged your two threads as to not cause confusion.

    But you need to clarify, do you have multiple children or what?

    Your children might qualify for Social Security benefits because of his death. You should check with them.

    Your
    cjordon's Avatar
    cjordon Posts: 5, Reputation: 1
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    #6

    Dec 10, 2008, 03:24 PM
    Quote Originally Posted by this8384 View Post
    I'm a little confused. On your last question, you stated that your children's father was deceased; now you're asking if he can obtain visitation. What's the real story?
    Obiviously there has to be more than one father/child:rolleyes:

    Quote Originally Posted by ScottGem View Post
    I merged your two threads as to not cause confusion.

    But you need to clarify, do you have multiple children or what?

    Your children might qualify for Social Security benefits because of his death. You should check with them.

    Your
    I do have multiple childdren. That's pretty obivious

    Quote Originally Posted by cjordon View Post
    I do have multiple childdren. Thats pretty obivious
    Oops, children

    Quote Originally Posted by GirlWSlingshot View Post
    He won't be denied visitation based solely on the fact that he lives with his parents.
    Are you sure? Are you talking from experience? If he does not have a stable home environment, how could the courts allow/permit a child to be there?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Dec 10, 2008, 03:42 PM
    Quote Originally Posted by cjordon View Post
    Are you sure? Are you talking from experience? If he does not have a stable home enviorment, how could the courts allow/permit a child to be there?
    Actually its not obvious. Most people don't have multiple children from different fathers. And we do get a number of people here that try to play us.

    I agree with Girl. The lack of a stable home will not preclude visitation, though it may affect it. For example, the courts would see no problem letting him take the child for a few hours a few evening a week. He can take the child to dinner or some other activity. On the other hand, they might not allow overnight visits.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #8

    Dec 10, 2008, 04:11 PM

    And on a separate note, just because he lives with his parents doesn't mean he doesn't have a "stable home." Maybe he's just not in a financial position to live on his own yet and his parents are helping until he gets back on his feet.

    This is the type of information that is needed if you want an accurate answer from this website. You can't post 2 conflicting questions with limited information and then go, "Well gee, it's super obvious what my situation is."
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #9

    Dec 10, 2008, 05:30 PM
    Quote Originally Posted by cjordon View Post
    Can I receive child support from a deceased parent? My children father was killed when he was 20. Only income he had was from working at a carwash. Is there anyway I can receive any benefits/money/help!
    I think you asked two questions: 1. Can child support be collected from a deceased parent? 2. Can you receive child support now?

    The answer to number 1 is YES. If you had unpaid support at the time the dad died, you can collect it from his estate (if he has one). If no estate, you are out of luck. The answer to number 2 is, obviously no.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Dec 10, 2008, 07:54 PM

    If he had money in the bank, or owned a house, and other things, you may have a claim on it, and the child a right to inherit that property.

    But basically if he is dead, he has no income or money to pay you,
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #11

    Dec 11, 2008, 06:44 AM

    Even if he is dead, his children and possibly ex-wife(if that is the OP's status) may be entitled to his social security.
    cjordon's Avatar
    cjordon Posts: 5, Reputation: 1
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    #12

    Dec 11, 2008, 07:45 AM
    Quote Originally Posted by this8384 View Post
    And on a separate note, just because he lives with his parents doesn't mean he doesn't have a "stable home." Maybe he's just not in a financial position to live on his own yet and his parents are helping until he gets back on his feet.

    This is the type of information that is needed if you want an accurate answer from this website. You can't post 2 conflicting questions with limited information and then go, "Well gee, it's super obvious what my situation is."
    Well, I didn't want to write a two page letter about the situation. I just wanted a few opinions. I think I would know if he has a "stable home". He's 31 years old and lives at home with his parents. He has no intentions on moving. They have gambeling parties every Friday and Saturday night with drinking and smoking and a lot of people.
    He travels/fly out of town about once a month but doesn't provide for his child. He makes decent money at his job so its not that he's trying to get on his feet. I can't figure it out.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Dec 11, 2008, 07:54 AM
    Quote Originally Posted by cjordon View Post
    Well, I didnt want to write a two page letter about the situation. I just wanted a few opinions. I think I would know if he has a "stable home". He's 31 years old and lives at home with his parents. He has no intentions on moving. They have gambeling parties every friday and saturday night with drinking and smoking and alot of people.
    He travels/fly out of town about once a month but doesnt provide for his child. He makes decent money at his job so its not that hes trying to get on his feet. I can't figure it out.

    You cannot expect a correct answer when half of the details are provided. If you read through the threads you will see why this is a problem - people post half the situation, get lengthy, in depth answers and then post some sort of "by the way" info which changes everything. I'm sure you're frustrated but everyone is trying to help.

    No one is asking you to write a "two page" letter but it is not unreasonable to have questions.

    You wanted opinions and that's what you got based on what you posted. If you are seeking some sort of legal advice more info is necessary.

    My colleague This8384 has asked had legitimate comments/concerns under the circumstances.
    cjordon's Avatar
    cjordon Posts: 5, Reputation: 1
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    #14

    Dec 11, 2008, 08:41 AM
    Quote Originally Posted by JudyKayTee View Post
    You cannot expect a correct answer when half of the details are provided. If you read through the threads you will see why this is a problem - people post half the situation, get lengthy, in depth answers and then post some sort of "by the way" info which changes everything. I'm sure you're frustrated but everyone is trying to help.

    No one is asking you to write a "two page" letter but it is not unreasonable to have questions.

    You wanted opinions and that's what you got based on what you posted. If you are seeking some sort of legal advice more info is necessary.

    My colleague This8384 has asked had legitimate comments/concerns under the circumstances.
    Thanks but I'm not looking for legal advice just wanted a different outlook on the situation. I know Im looking at the situation through tainted glasses. So I wanted some advice from someone who's on the outside looking in. In the future, I know to go into detail. Im new to this, I apologize
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #15

    Dec 11, 2008, 04:02 PM
    Quote Originally Posted by cjordon View Post
    Thanks but im not looking for legal advice just wanted a different outlook on the situation. I know Im looking at the situation through tainted glasses. So I wanted some advice from someone who's on the outside looking in. In the future, I know to go into detail. Im new to this, I apologize
    Also please be careful what section of the board your posting to. This is the Family LAW section. That's the advice we give on this part of the board. We try to stick to the " legal " issues. There are other parts where you might want to post in that may offer what your seeking. The askmehelpdesk family of boards has a lot to offer at many different levels.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #16

    Dec 12, 2008, 01:39 PM

    If you're not looking for legal advice, then I'm confused as to:
    A) why you're posting on a law board, and
    B) asking questions about support, visitation, etc. Each of these things have a legal aspect to them; you can't possibly ask for sound advice about them without receiving legal advice.

    As for your ex, I'm sorry that he doesn't support his children. If you want to change that, all you have to do is take him to court. You don't need an attorney to collect child support.

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