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Abnormal situation, not entirely sure what to do

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mislysbb

Junior Member
What is the name of your state (only U.S. law)? NY

So I am currently a 19 year old that was in a legal guardianship (she was my maternal grandmother, and she raised me from infancy), and my legal guardian passed away in late February of this year. She was collecting child support from my biological father (whom I have never met, and have no desire to, since he has expressed his disdain for my existence many times). My biological mother is out of the picture; she hasn't paid a single dime of child support for me, and I really don't have any association with her.
I know my biological father owes in upwards of $70,000 in arrears for me; how would I go about obtaining these arrears? Would I be able to? I know my legal guardian was going to pursue these arrears, but unfortunately she suddenly passed before she could do so. Any advice on what I should do would be appreciated.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

So I am currently a 19 year old that was in a legal guardianship (she was my maternal grandmother, and she raised me from infancy), and my legal guardian passed away in late February of this year. She was collecting child support from my biological father (whom I have never met, and have no desire to, since he has expressed his disdain for my existence many times). My biological mother is out of the picture; she hasn't paid a single dime of child support for me, and I really don't have any association with her.
I know my biological father owes in upwards of $70,000 in arrears for me; how would I go about obtaining these arrears? Would I be able to? I know my legal guardian was going to pursue these arrears, but unfortunately she suddenly passed before she could do so. Any advice on what I should do would be appreciated.
You are not entitled to the child support money.

However, your grandmother's estate may be entitled to pursue what is owed.
 

mislysbb

Junior Member
You are not entitled to the child support money.

However, your grandmother's estate may be entitled to pursue what is owed.

Thanks.

It looks like nothing will be done then, for now at least. My grandmother was in the middle of a nasty divorce when she passed, and her what was soon to be ex spouse is contesting her will, so her entire estate is frozen. It's looking like the ex spouse will be getting 1/3 of everything, and quite frankly, I don't want him to see a dime of that back support, so I guess it's a non issue now.
 

Zigner

Senior Member, Non-Attorney
Thanks.

It looks like nothing will be done then, for now at least. My grandmother was in the middle of a nasty divorce when she passed, and her what was soon to be ex spouse is contesting her will, so her entire estate is frozen. It's looking like the ex spouse will be getting 1/3 of everything, and quite frankly, I don't want him to see a dime of that back support, so I guess it's a non issue now.
Your grandmother doesn't have an "ex spouse". If the representative of the estate pursues the past-due support (as s/he should), then you won't have a say in the matter. It's not YOUR money.
 

mislysbb

Junior Member
I understand what you are saying; the main issue is that, neither I, nor does the adminstrator of the estate, want my grandmothers "spouse" to get any back child support; because of PA law (the state where the divorce was filed) he has a right to 1/3 of the estate, even though he wasn't in the will. I know the money isn't "mine" from a legal standpoint, but I guess on a personal level, I feel that it is.
I'll put it this way; my grandmothers spouse and I, do not get along, never have, and never will. I wouldn't want to see him get money that I feel, he has no right to.
 

Silverplum

Senior Member
I understand what you are saying; the main issue is that, neither I, nor does the adminstrator of the estate, want my grandmothers "spouse" to get any back child support; because of PA law (the state where the divorce was filed) he has a right to 1/3 of the estate, even though he wasn't in the will. I know the money isn't "mine" from a legal standpoint, but I guess on a personal level, I feel that it is.
I'll put it this way; my grandmothers spouse and I, do not get along, never have, and never will. I wouldn't want to see him get money that I feel, he has no right to.
What you or the executor/administrator want doesn't matter at all, legally. Those are feelings.

The money is not and never was yours. The money belongs to the estate of the person owed the support: that person already spent the money caring for you, and the child support is a reimbursement.
 

Zigner

Senior Member, Non-Attorney
I certainly hope the administrator of the estate doesn't allow his/her personal grudge to get in the way of his/her legal obligations. If he/she does, then he/she can be in big trouble.
 

mislysbb

Junior Member
That's why I stated above, the executor probably won't pursue it then.
It may be "reimbursement", but it's basically everything that he has run away from, and refused to pay. My biological father has only paid $10k throughout my 19 years of life; IMO, that's not enough to take care of a child, hence why my grandmother had to spend her money to provide care for me.
I get that there is a difference between what the law says, and feelings, but I think I'll let my feelings rule this one, right or wrong. I'll stand by what I said before; I know the money is not mine. But if that's the case, then it's not my grandmothers spouses' either.
 

mislysbb

Junior Member
I guess what I haven't added, is that no one is pushing anything; no one is telling us to go after the back child support, and of course, no one is forcing my biological father to pay it.
 

Zigner

Senior Member, Non-Attorney
I guess what I haven't added, is that no one is pushing anything; no one is telling us to go after the back child support, and of course, no one is forcing my biological father to pay it.
Except for the fact that you're asking how to double-dip.
(You want the money even after the same money has already been spent on you.)
 

mislysbb

Junior Member
I guess, $10k goes a long way then...?
He owes $70k, plus interest. I would say, if he had paid over half of what he owes over time, then yes, I would be double-dipping. But I don't see how I am, sorry.
 

Zigner

Senior Member, Non-Attorney
I guess, $10k goes a long way then...?
He owes $70k, plus interest. I would say, if he had paid over half of what he owes over time, then yes, I would be double-dipping. But I don't see how I am, sorry.
You're double-dipping because the money has already been spent on you. You want to have what was spent on you AND what he's paying as reimbursement for what was spent on you. That's double-dipping.
 

mislysbb

Junior Member
I don't see where I've said that I want the $10k. I know that's been spent on me. That's a moot point. What would be gone after is the $70k.
He isn't paying child support right now.
 

Silverplum

Senior Member
I don't see where I've said that I want the $10k. I know that's been spent on me. That's a moot point. What would be gone after is the $70k.
He isn't paying child support right now.
You don't get it. That's okay, because it doesn't matter if you do or do not get the point.
 

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