Mom paying child support arrears, dad (custodial) deceased

[jacobb]

I am in Texas.

Okay, this is sort of a strange circumstance, so bear with me. My mother and father divorced when I was a child, and my dad got custody. My mother was ordered to pay child support. She (unknowingly) was not paying enough, so she built up arrears to the sum of about $11,000.
I am, and all of my siblings are, adults now, but she still had to keep paying the arrearage.

My father passed away a few weeks ago. The child support agency is telling my mom that she still has to pay the arrearage, and that the money she pays will go into some sort of trust.

Does anyone know how this would work? Or perhaps how my mother could modify the child support order to allow her to keep her money? (My sister and I are now living with my mom, and we need to save the extra money that should would normally pay for child support)

Thanks.

 

[irish223]

If your father never received state assistance for you and your sister, then your mom should get a lawyer to help get a court order to waive the arrearage.

 

[jacobb]

Thanks for replying irish.

I'm not sure what is categorized as 'state assistance.' We did have medicaid, and at one point we were recieving food stamps. Is that what you mean?
If so, how would it affect my mom trying to get the arrearage waived?

Thanks.
Jacob

 

[Duranie]

Since you are on gov't assistance mom cannot likely stop CS until the state is paid off. If your Dad was receiving the money then it sounds like the state may have been paid up.