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child support in arrears, death of parent Wisconsin

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  • child support in arrears, death of parent Wisconsin

    My brother has child support in arrears. He is dying of pancreatic cancer. The child is currently 19 years of age. My brother is currently married and has no other children. Is the back support enforceable to the child's mother upon my brothers death? I know life insurance is not part of this and I don't even know if he has any. The back support accumulated while he was unemployed, otherwise he had been making payments. Is his current wife responsible for paying any back support? My brother currently lives in Arkansas, is there any ruling that are different if he resides in a different state.
    Last edited by Sister-in-law; 03-10-2015, 12:56 PM.

  • #2
    I'm very sorry to hear about your brother. Child support arrears can be collected from a person's estate, and estates generally have to pay child support arrears before assets are disbursed to anyone named in the will.

    You indicated that your brother is married. Many assets (houses, cars, bank accounts) held by married couples are titled as joint tenants with the right of survivorship and pass directly to the surviving spouse outside of the probate process. Life insurance with a designated beneficiary also passes outside the probate process. This means that these assets would not be subject to the child support arrears. It's possible that your brother's estate might end up being very small.

    Your sister-in-law would not be responsible for the arrears. Your brother-in-law's estate, to the extent that he has one, would.
    I am not able to respond to private messages. Thanks!

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