Child Support/Estate

[NJ Mom]

Jurisdiction

New Jersey

Dad and I were never married and never had a court order. We were extremely civil and had a private arrangement and he faithfully paid each week without faulter. He was passed and was married at the time of his passing. Is his estate liable for continued support? Wife is aware of our child, who was conceived when they were seeking a divorce, but did not divorce.

He did not have a Will and child does not have his name on birth cert. We are seeking SSI and share of his distributed estate, but not sure if child would be entitled to continued support.

Any help is appreciated.

 

[army judge]

Dad and I were never married and never had a court order. We were extremely civil and had a private arrangement and he faithfully paid each week without faulter. He was passed and was married at the time of his passing. Is his estate liable for continued support? Wife is aware of our child, who was conceived when they were seeking a divorce, but did not divorce.

He did not have a Will and child does not have his name on birth cert. We are seeking SSI and share of his distributed estate, but not sure if child would be entitled to continued support.

Any help is appreciated.

Sorry, neither he, nor does his estate owe you anything.
That said, if you prove his paternity via genetic testing, you can probably prevail in receiving a social security pay for your child until he or she becomes an adult at age 18 (maybe longer).

That presumes the man's work history is sufficient to qualify for such transfer payments.

Read this:

https://www.ssa.gov/pubs/EN-05-10085.pdf

To apply for benefits online:

www.socialsecurity.gov

Or, call SS toll-free at 1-800-772-1213

 

[NJ Mom]

Thanks for your input. I didn't think Child support would be reasonable as it doesn't even sound right, but I wanted to make certain. Thank you.

P.S. I did apply for SSI and I am working on the heir prorated share

 

[army judge]

Thanks for your input. I didn't think Child support would be reasonable as it doesn't even sound right, but I wanted to make certain. Thank you.

P.S. I did apply for SSI and I am working on the heir prorated share

Contact Social Security.

Whether you get SSI has NOTHNG to do with your child receding SOICAL SECURITY as the child of a deceased father, your child could receive upwards of $1,000 a month, maybe even far more until he or she reaches age 18.

 

[shrinkmaster]

Your first step is to prove paternity. His current wife might fight you on this

 

[NJ Mom]

Contact Social Security.

Whether you get SSI has NOTHNG to do with your child receding SOICAL SECURITY as the child of a deceased father, your child could receive upwards of $1,000 a month, maybe even far more until he or she reaches age 18.

 

[NJ Mom]

I did file and I have an in person appointment set for the next few weeks.

 

[NJ Mom]

Your first step is to prove paternity. His current wife might fight you on this

 

[NJ Mom]

Thanks. We are working in that already. She is aware of our child and as discussed with the estate attorney which path this takes is up to her. I am hoping to simple and civil for everyone's interest. We shall see.

Thanks for your input

 

[shrinkmaster]

Simple and Civil? Your asking for money she may feel is hers over a child everyone presumes is his.

 

[NJ Mom]

While she may feel that way she will be 1.5 mil worth of real estate right off the bat. All other assets which she is not on as owner, which I believe is a descent amount, would be subject to distribution of all his heirs. That much I do know.

 

[shrinkmaster]

Your child is NOT an heir until paternity has been established.

 

[army judge]

While she may feel that way she will be 1.5 mil worth of real estate right off the bat. All other assets which she is not on as owner, which I believe is a descent amount, would be subject to distribution of all his heirs. That much I do know.

Forget the alleged estate.
No harm in talking to an estate attorney, or even a family law attorney.

You won't need either of those to secure social security for your baby.
You'll need to know how you proceed in getting the DNA testing done to confirm the recently, dearly departed was her father.

Trust me, that could prove to be challenging, so don't upset or anger any of the siblings or either parent of the deceased. One of them will be the way his paternity is to be established, unless his DNA is already on file somewhere.

Focus on the social security benefit, because with that the child will be covered for health and medical issues under Medicare until the age of 18.

Don't try to do everything and lose the most important thing.

For all you know there might be only a $1,500 estate, or whatever there might be could be protected via a trust.

 

[NJ Mom]

Forget the alleged estate.
No harm in talking to an estate attorney, or even a family law attorney.

You won't need either of those to secure social security for your baby.
You'll need to know how you proceed in getting the DNA testing done to confirm the recently, dearly departed was her father.

Trust me, that could prove to be challenging, so don't upset or anger any of the siblings or either parent of the deceased. One of them will be the way his paternity is to be established, unless his DNA is already on file somewhere.

Focus on the social security benefit, because with that the child will be covered for health and medical issues under Medicare until the age of 18.

Don't try to do everything and lose the most important thing.

For all you know there might be only a $1,500 estate, or whatever there might be could be protected via a trust.

Yes we have an appointment in a couple of weeks with SSI to confirm what is available.

I understand what you are saying about paternity but I am more than willing to have the it performed ASAP if she wishes. Keep your fingers crossed and thank you for the helpful info.

 

[NJ Mom]

Your child is NOT an heir until paternity has been established.

I am well aware and have no fears as to her paternity