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CW4110

New Member
Jurisdiction
Nebraska
My ex recently passed away. He owed child support but refused to send it to the courts as ordered, instead intermittently sent checks to me. He lived in several states and I was never sure where he was in those years until I heard he passed away. In contacting local Child Support enforcement, I found he owed a large sum since he was never credited with ANY child support payments, and interest has been added over the years. Am I able to submit the certified Arrearage history from HHS to the probate court in the state where he passed away as a creditor?
 
CW4110 said:
Am I able to submit the certified Arrearage history from HHS to the probate court in the state where he passed away as a creditor?
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Please tender to your children my condolences upon the passing of their father.

Any debtor can petition the appropriate probate court in the state where the decedent's assets are being probated.

If the deceased owed you back child support, you'd qualify as a debtor.

The issue for you to consider, if the deceased had significant assets, those assets would have been pursued to satisfy your child support debt.

If the state didn't do that, I doubt that the deceased possessed significant assets.

You are free to do whatever you think prudent such that the debt owed to you be paid.

Good luck, as you pursue an equitable remedy.
 
CW4110 said:
My ex recently passed away. He owed child support but refused to send it to the courts as ordered, instead intermittently sent checks to me. He lived in several states and I was never sure where he was in those years until I heard he passed away. In contacting local Child Support enforcement, I found he owed a large sum since he was never credited with ANY child support payments, and interest has been added over the years. Am I able to submit the certified Arrearage history from HHS to the probate court in the state where he passed away as a creditor?
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Make sure to appropriately credit any actual child support payments that you received directly from your ex.
 
CW4110 said:
Am I able to submit the certified Arrearage history from HHS to the probate court in the state where he passed away as a creditor?
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Well...has someone applied to the court to probate his estate? If so, in what state is that happening? Also, when did he die?

If the estate is being probated, you can submit a claim, but the typical procedure is to submit the claim to the executor, not submit it directly to the probate court. Also, the time for submitting a claim may be only a few months after the date of death or the date when probate is opened.

The most important question is whether you think his estate has enough money to pay any significant portion of the arrearages.
 
Keep in mind that if you received checks directly it can be proven.
Those payments should have been reported when received.
If you do make a claim make sure it is for an appropriate amount that doesn't cause problems for you.
 
army judge said:
Please tender to your children my condolences upon the passing of their father.

Any debtor can petition the appropriate probate court in the state where the decedent's assets are being probated.

If the deceased owed you back child support, you'd qualify as a debtor.

The issue for you to consider, if the deceased had significant assets, those assets would have been pursued to satisfy your child support debt.

If the state didn't do that, I doubt that the deceased possessed significant assets.

You are free to do whatever you think prudent such that the debt owed to you be paid.

Good luck, as you pursue an equitable remedy.
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Thank you, my children are distraught as they were not told of the death until after he passed, although his illness lingered for two years. He would have liked their forgiveness to die in peace and my kids would have had some closure. Just a sad episode all the way around. But I appreciate your response.
 
mightymoose said:
Keep in mind that if you received checks directly it can be proven.
Those payments should have been reported when received.
If you do make a claim make sure it is for an appropriate amount that doesn't cause problems for you.
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Thank you, a confusing time.
 
mightymoose said:
Keep in mind that if you received checks directly it can be proven.
Those payments should have been reported when received.
If you do make a claim make sure it is for an appropriate amount that doesn't cause problems for you.
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I am working to sort this out. Thank you for your input.
 
A couple other questions:

Was your children's father married at the time of his death? Did he have any other children? I wouldn't expect you'd know, but did he have a will? How old are your children?

If he had no surviving spouse and no other surviving children, then your children are likely the only heirs, so you collecting child support arrearages will result in their inheritance being reduced. And, if your kids are still minors, they you'd likely receive any inheritance to hold and use for their benefit.
 

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