1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Back Child Support

Discussion in 'Child Support' started by CW4110, Oct 8, 2020.

  1. CW4110

    CW4110 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    3
    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?
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,725
    Likes Received:
    4,913
    Trophy Points:
    113

    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 likes this.
  3. Zigner

    Zigner Well-Known Member

    Messages:
    2,482
    Likes Received:
    1,239
    Trophy Points:
    113

    Make sure to appropriately credit any actual child support payments that you received directly from your ex.
     
    PayrollHRGuy, mightymoose and CW4110 like this.
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,958
    Likes Received:
    953
    Trophy Points:
    113

    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.
     
    CW4110 likes this.
  5. mightymoose

    mightymoose Moderator

    Messages:
    11,251
    Likes Received:
    1,908
    Trophy Points:
    113

    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.
     
  6. CW4110

    CW4110 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    3
    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.
     
    army judge likes this.
  7. CW4110

    CW4110 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    3
    Thank you, a confusing time.
     
  8. CW4110

    CW4110 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    3
    I am working to sort this out. Thank you for your input.
     
  9. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,958
    Likes Received:
    953
    Trophy Points:
    113

    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.
     

Share This Page