Back Child Support Owed when custodial parent dies

[Proserpina]

If the estate was probated though wouldnt they have had to contact my husband about the payment of the backpay. I dont think it is likely it was probated because she was only 30 years old and she probably didnt even have a will. Unexpected death.

You're not understanding.

There IS an estate - even if there's no will.

At this point, your husband needs to speak with an attorney.

 

[justalayman]

If the estate was probated though wouldnt they have had to contact my husband about the payment of the backpay. I dont think it is likely it was probated because she was only 30 years old and she probably didnt even have a will. Unexpected death.

as Proserpina said and as I explained previously, she has an estate. To divvy up her property, the estate would likely have to be probated even if there is no will.


if it was probated and they did not think to seek the arrears, then it is what it is. You still have the arrears on record with the state which is not going to simply go away. If the state involved does not take action without the CS recipient prodding them, it may simply sit there forever. It may cause a problem later on though.

 

[heatherheather1]

thankyou guys for all of the advice ... really appreciate it

 

[nextwife]

If all of her assets could be transferred without probate (no real estate or solely owned autos of value, other assets passable via designated beneficiary), it would be unlikely they would file. Especially if she had creditors in excess of assets.