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Thread: Can I get back child support owed after dad's death?

  1. #1

    Default Can I get back child support owed after dad's death?

    The whole situation is a tragedy in itself. My ex-husband was behind on child support over $20K at the time of his death two weeks ago. Our children and I are in the process of grieving and there is another problem that has come up. My ex-husband had remarried and was in the process of getting a divorce from this woman when he died. That were on and off again several times in their marriage and during one of their reconciliations (about 5 months ago) he had changed the beneficiary on his life insurance from me to her. He had mentioned to a friend a couple of weeks ago that he needed to have it changed back to make sure his kids were taken care of but didn't get around to it. They were not living together and she had already filed for divorce but were considered to be still legally married at the time of his death. So, the current, soon-to-be-ex-wife says everything belongs to her and has filed the claim, she has taken and sold his truck and already collected his last paycheck. She is not providing a dime for his three kids (they had no kids together themselves but she has 3 children from a previous marriage). Is there ANY way to get the back child-support owed from her? He basically has no estate left now.

  2. #2
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    Quote Originally Posted by 101questions
    The whole situation is a tragedy in itself. My ex-husband was behind on child support over $20K at the time of his death two weeks ago. Our children and I are in the process of grieving and there is another problem that has come up. My ex-husband had remarried and was in the process of getting a divorce from this woman when he died. That were on and off again several times in their marriage and during one of their reconciliations (about 5 months ago) he had changed the beneficiary on his life insurance from me to her. He had mentioned to a friend a couple of weeks ago that he needed to have it changed back to make sure his kids were taken care of but didn't get around to it. They were not living together and she had already filed for divorce but were considered to be still legally married at the time of his death. So, the current, soon-to-be-ex-wife says everything belongs to her and has filed the claim, she has taken and sold his truck and already collected his last paycheck. She is not providing a dime for his three kids (they had no kids together themselves but she has 3 children from a previous marriage). Is there ANY way to get the back child-support owed from her? He basically has no estate left now.
    There is bad news and good news in your situation.

    The bad news:
    He never changed the insurance, so it will go to his widow.
    His widow automatically inherits his automobile, home, etc. along with any debts on them. (unless he had a will stating otherwise)
    Legally, she does not have to pay her late husband's CS.
    If he has no estate at all, you will never be able to get the CS arrears.

    The good news:
    You need to contact the Social Security Administration at once to get your childrens' survivors benefits started. It takes about 1 month to get started, so do it right away.
    xena

  3. #3
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    You need to go to the probate court and seek an injunction to prevent any payouts on the insurance policy because you need to place an equitable lien on some of the proceeds to provide for the father's children. You should consult an attorney to do this, but if you cannot afford one, draft the paperwork yourself and go file it and pursue this asap. The only thing is you also may be able to pursue this thru the court that handles the child support and i suggest trying to get an order there first but if the court will nto help, try the probate court. Consult an attorney also.

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    Quote Originally Posted by elklaw
    You need to go to the probate court and seek an injunction to prevent any payouts on the insurance policy because you need to place an equitable lien on some of the proceeds to provide for the father's children. You should consult an attorney to do this, but if you cannot afford one, draft the paperwork yourself and go file it and pursue this asap. The only thing is you also may be able to pursue this thru the court that handles the child support and i suggest trying to get an order there first but if the court will nto help, try the probate court. Consult an attorney also.
    This is incorrect, any life insurance proceeds fall outside of probate, and cannot be attached for CS or any other debt left by the deceased. I learned this from researching family law and from experience when my late husband died leaving unpaid bills and CS.
    Xena

  5. #5

    Default you dont get much

    xena is correct. your child will get some ss, but only until 19yrs. The second wife deserves everything thay stayed married. Thay must of really been in love.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!

  6. #6
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    Angry Maybe a new Law Fl. State

    Hi, new, but not new chasing my x's for 23 years underground, his dad died, inherit $$$, bought a huse , pop-up on s.s #, due too BackArrears, of $101,000, he is one of the 10 ten who ows alots, a runner, only one child, $60.00 a week, no big deal, for someone who works for a airline. Anyway, I got him, no thanks to Child -Support Network, or Fl. State, catching him, now, the State collects $50.00 back-arrears for being on welfare, $15,000. he pays that , FIRST, NOW SOMEHOW HE IS PAYING IN OVER $350.00 A MONTH BACKARREARS TOO ME, $101.000, BUT, State of Florida is taking all my backarrears until the $15,000 , IS PAID UP. HE WILL BE DEAD BY THEN, I'm lucky he is still alive NOW !! I didn't think the State can take all, not even a $100.00 towards me a month for all this work, there has too be a group out there that support us parents, fighting the Laws of Child-Support, why the State keeps it all, in both cases seprate, from the marriage????Please help me, Fl. Laws, Please
    Last edited by colbyc49; 05-30-2006 at 10:05 PM. Reason: How The State Can Control all Child support $$$!!

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    Quote Originally Posted by colbyc49
    Hi, new, but not new chasing my x's for 23 years underground, his dad died, inherit $$$, bought a huse , pop-up on s.s #, due too BackArrears, of $101,000, he is one of the 10 ten who ows alots, a runner, only one child, $60.00 a week, no big deal, for someone who works for a airline. Anyway, I got him, no thanks to Child -Support Network, or Fl. State, catching him, now, the State collects $50.00 back-arrears for being on welfare, $15,000. he pays that , FIRST, NOW SOMEHOW HE IS PAYING IN OVER $350.00 A MONTH BACKARREARS TOO ME, $101.000, BUT, State of Florida is taking all my backarrears until the $15,000 , IS PAID UP. HE WILL BE DEAD BY THEN, I'm lucky he is still alive NOW !! I didn't think the State can take all, not even a $100.00 towards me a month for all this work, there has too be a group out there that support us parents, fighting the Laws of Child-Support, why the State keeps it all, in both cases seprate, from the marriage????Please help me, Fl. Laws, Please
    If all your children are over the age of majority, yes the state can take all of the payments until the debt to the state is paid. When it is paid in full, you will then recieve the remainder of the arrears.

    There are several reasons the state gets thier monies first:
    1. There are no minor children in need of support.

    2. BOTH parents are responsible for supporting thier children, however in a case like yours neither parent fully supported the child(ren) the taxpayers did. Therefore the taxpayers will be repaid first.

    I know this isn't what you wanted to hear, but there isn't anything you can do about it except write letters to your legislators and join groups who lobby for CS law changes. Do a google search to find them.

    Is he paying $50 a week or is that the monthly amount? If it is the weekly amount it will take only 5 yrs 9 months to pay the full $15k. Is he ill or very old to the extent that he probably will not live past the next 6 yrs?

  8. #8

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    If he owned a house, put a lien on the house. Even if it was jointly owned, he still owned it.

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    Default ? or maybe just deal......

    as long as the right intentions for collecting the money are truley for his children, hell ya , you deserves that money. Just let nature take its course, the new ex of his will probally get more surprises than she bargained for from collection agencies in the mail, plus you'll look better in a car....

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