Arrears owed to deceased parent.

[Zigner]

What is the name of your state (only U.S. law)? CT

My wife had three children from 2 previous relationships when we married. The father of her oldest child was always far behind in his child support. She recently passed away at 37 years of age, at which time her oldest child was over 18. The state continued to collect money from his paychecks when they could. He is now asking me to talk to the state and find out where his money went and return it to him. He is now, in fact, suing me for the money. My question is, wouldn't that money, if I do find it, belong to her estate? I currently have custody of her other two children, and would have no problem writing each of the three children checks instead of returning it to him. Thanks so much in advance for your reply. have a great day.

Who is the executor/administrator of the estate?

 

[ybnvs]

thanks LdiJ

Yes, OP is not the father of any of the children. The OP has custody of 2 children that are NOT the children of the father who is suing. There can be any numerous reasons why he has custody. For all we know, their father may be deceased, incarcerated or uninterested.

There is no indication that stepfather is collecting child support from EITHER of the fathers. However, it would be appropriate for him to receive child support from the father of the two children he has custody of, if that father is living.

What there is an indication of, is that arrears payments are still being collected by the state from the father of the eldest. There does not appear to be any indication that stepfather is in receipt of those arrears payments, as he is being asked to help "find the money". I suspect that mom was receiving state benefits before she married stepdad, and that the state is both collecting and keeping that money.

You are correct in that the father of the two youngest is uninterested. Also correct in that i am not receiving support from either father. And also that he is no longer being attached for the money and the state has closed the case. He is looking to get back what was taken after her passing. I just don't think it is due him.

 

[ybnvs]

Okay, so you legally have custody and all is in line. Good.

Eldest's Dad's arrears belong to Mom's estate (and to the State, if they are collecting for state funds given due to his lack of payment), and it's not your problem or fault. If you have to hire an attorney to deal with Eldest's Dad's lawsuit, be sure to petition that he pay your attorney fees and all court costs.

I wish you the best of luck.

Thanks Silverplum. Its only a few thousand dollars in small claims court, so I was just going to represent myself. Even though Ill have a fool for a client. Lol.

 

[ybnvs]

Who is the executor/administrator of the estate?

Everything we had was in both of our names except an old car she had before we married, so i never went probate court for her estate, but I imagine i would have been the executor.

 

[torimac]

You should also look into social security benefits for the children. Even if you don't 'need' it, it could go into a college fund.

 

[LdiJ]

You are correct in that the father of the two youngest is uninterested. Also correct in that i am not receiving support from either father. And also that he is no longer being attached for the money and the state has closed the case. He is looking to get back what was taken after her passing. I just don't think it is due him.

I just don't see how you can be held responsible for that. You were never a party to the child support case.