My ex-husband, who never paid any child support to our daughter since birth, recently passed. He was an established dentist in California. His estate is now in probate. Our daughter is also not declared in the divorce decree, as he kept the whole thing hidden from his surviving spouse. I would like to know if I can collect for back child support, and how do I go about it?
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I would contact a lawyer with proof that your daughter was his child. I think you have a case.
Did you have a child support agreement in place and it just was not honored? If so, talk to the lawyer who drew it up and see what he/she says.
Every state is different.
If you did not have a child support agreement, you can talk to a lawyer to see if anything can be done.
If you don't have a lawyer, locate your state senator (I found mine from Google by putting in my town name and the phrase "state representative". He/she should be able to offer you legitimate legal aide services that may be able to help you.
Post back with an update!
A case with this many variables can only be settled using an attorney as it will have to be ordered by the court.
Several questions:
1.) Is your ex-husband's name on your daughter's birth certificate as the father? This is the first step to having a claim of any kind.
2.) Are you saying the child was not even mentioned in the divorce decree?
You agreed to a divorce without even mention of a child?
3.) Are there any documents showing your Ex as the father of this child?
4.) What actual proof do you have that he is the father?
5.) Has he ever claimed the child in any public situation?
6.) Did you ever try to make him pay support?
These are the kind of questions you will have to answer when you see an attorney so be prepared with any type of document you have or can obtain.
If you cannot afford an attorney, you can seek help through your family services office or contact the Legal Aid Offices.
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