social

Collecting Back Child Support?

My sons' father recently passed away' They are 40 and 37. Dad never paid a dime of child support. Sister is beneficiary on the IRA. Shouldn't that go to the sons? Also what about Social Security?

Advertisement


Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!

 

Gold Post Medal for All Time! 677 Posts
February 26, 20180 found this helpful
Best Answer

Your sons are too old to get survivor benefits from Social Security. It is my understanding that a person can choose anyone they want to be the beneficiary of their IRA. It doesnt even have to be their spouse.

 

Diamond Post Medal for All Time! 1,298 Posts
February 26, 20180 found this helpful
Best Answer

The beneficiary he selected can be any person he chooses after he passes.

As far as social security, up to age 18/19 (if still in elementary or secondary school full time) or disabled before 22 and remain disabled.

Advertisement

Reference: www.ssa.gov/.../onyourown4.html

Too late to collect any money.

 

Gold Feedback Medal for All Time! 949 Feedbacks
February 26, 20180 found this helpful
Best Answer

It is sad that you did not pursue getting child support when your sons were younger but perhaps you had your reasons at that time. Or perhaps you tried and no funds were available?

  • If their father had no other assets then there will not be any funds available to them.
  • Social Security survivor benefits are paid to help support children under 18/19 years of age (or disabled before age 22).
  • There is a $255 death benefit from SS but it does not appear you or your sons qualify.
  • You can check this site for SS information.
  • www.thebalance.com/who-is-eligible-for-a-social-security...
  • Advertisement

  • You may be able to collect SS benefits from your husband's earnings when you reach retirement age but that would only help you if the his benefit was higher than your own.
  • An IRA account can be signed over to anyone and does not have to be a family member.
  • If your husband had other assets then you and your sons could hire an attorney to look into whether anything could be awarded to you for any unpaid back support.
 

Bronze Post Medal for All Time! 105 Posts
February 26, 20181 found this helpful
Best Answer

Your children are adults now and it is way too late to think about child support now. You should have done this 30 years ago. As for an IRA, he doesn't have to leave it to his kids. He can leave this to anyone he wants. You don't have a case now and there is nothing you can do any longer.

Advertisement

I had to deal with this. My daughter's father never paid child support and was absent from her life until she was 37. There is nothing I can do or anyone can do to make him pay now.

 
Anonymous
February 17, 20200 found this helpful

I find it really frustrating to hear some of the comments "You should have done this when they were younger" Yada Yada I tried maybe if the state I live in would have pursued him effectively I would have gotten something. Maybe they should be responsible.

 

Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!

 
In This Page
< Previous
Categories
Business and Legal Legal Child SupportFebruary 25, 2018
Pages
More
👒
Mother's Day Ideas!
🌻
Gardening
👔
Father's Day Ideas!
Facebook
Pinterest
YouTube
Instagram
Categories
Better LivingBudget & FinanceBusiness and LegalComputersConsumer AdviceCoronavirusCraftsEducationEntertainmentFood and RecipesHealth & BeautyHolidays and PartiesHome and GardenMake Your OwnOrganizingParentingPetsPhotosTravel and RecreationWeddings
Published by ThriftyFun.
Desktop Page | View Mobile
Disclaimer | Privacy Policy | Contact Us
Generated 2024-05-09 17:22:36 in 5 secs. ⛅️️
© 1997-2024 by Cumuli, Inc. All Rights Reserved.
https://www.thriftyfun.com/Collecting-Back-Child-Support-17.html