My son is now 24 years old and his father owes arrears on child support payments. His father just passed away a few days ago and hasn't paid child support over the past several months. Now that he has passed away is there any way for me to collect past due payments and/or arrears payments?
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You will need a lawyer to help you sort this out or in some places, the judge who set the child support decree can assist.
If the lawyer/judge are not still around, you can see if your state senator can help you find a good legal aide representative to assist. I found mine by putting in my city name and the phrase "state senator".
I hope you are able to collect, but since the laws can be different in different places, a lay person like me, and most everyone else on this site, won't be able to give you any info of value.
Post back what you learn. Prayers!
You need a competent lawyer. Contact the Legal Aid Society if money is an issue.
Hi,
I would contact the attorney general of your state and ask them for their advice.
Blessings,
Robyn
I'm not sure that I understand your question.
You say your son is 24 years old so do you mean his father was making monthly payments on support that he did not pay when the child was younger?
I would say you may be able to collect if there is money available from his father's estate and you have good records of payments and any court records showing he was supposed to be paying these payments and how much he still owes.
If there is no money in his estate or other assets then there would be no way for you to collect.
If he had a will and had assets to sell/liquidate then an attorney may be able to file a suit and get the balance owed you.
The time involved would depend on whether he had a well, named an executor, or whether the will has to go through probate.
To find out about any of this you could follow any of the suggestions offered as you will need an attorney for any type of action.
If he died without a will - and had assets - then it may take a while; if he died and had no assets then you would have no way to collect; but an attorney can advise you of all of this.
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