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  1. #1
    heatherheather1 is offline Junior Member
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    Back Child Support Owed when custodial parent dies

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

    My husband has been denied contact with his daughter for years, she just turned 17. We finally found her online and just discovered that her mother passed away 9 months ago. We have been sending child support payments which they have been cashing even though the mother died. We have already notified child support that she is deceased but we are wondering what happens to the back pay that is owed. Any advice would be appreciated. Thanks.
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by heatherheather1 View Post
    What is the name of your state (only U.S. law)? Texas

    My husband has been denied contact with his daughter for years, she just turned 17. We finally found her online and just discovered that her mother passed away 9 months ago. We have been sending child support payments which they have been cashing even though the mother died. We have already notified child support that she is deceased but we are wondering what happens to the back pay that is owed. Any advice would be appreciated. Thanks.


    If Dad owes arrears, he will still owe arrears to Mom's estate.

    If Dad thinks that his child support payments will stop simply because Mom died, he's gravely mistaken.

    Where IS the child, incidentally? Child support will generally be directed to whomever currently has custody/guardianship.
  3. #3
    heatherheather1 is offline Junior Member
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    He wants to continue paying child support but the grandmother who she lives with got very upset we contacted child support and told them that the mother died. Child support told him not to send any further payments to them and we tried to ask the grandmother where she wants us to send the payments but she got very upset when she found out that we called child support. No one legally has guardianship. They were very young when they had their daughter at the mom was only 30 so I dont think she had a will.
    Last edited by heatherheather1; 03-02-2012 at 07:08 PM.
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by heatherheather1 View Post
    He wants to continue paying child support but the grandmother who she lives with got very upset we contacted child support and told them that the mother died. Child support told him not to send any further payments to them and we tried to ask the grandmother where she wants us to send the payments but she got very upset when she found out that we called child support

    Does he have that in writing?

    While it's technically true that because Mom died, SHE no longer has a case open with them - Grandma can file at any point.

    What he might want to do is keep the money in a separate account every month until kiddo turns 18. Just in case someone files.
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by heatherheather1 View Post
    He wants to continue paying child support but the grandmother who she lives with got very upset we contacted child support and told them that the mother died. Child support told him not to send any further payments to them and we tried to ask the grandmother where she wants us to send the payments but she got very upset when she found out that we called child support. No one legally has guardianship. They were very young when they had their daughter at the mom was only 30 so I dont think she had a will.


    Mom died at 30...with a 16 year old?

    That poor, poor family.
  6. #6
    heatherheather1 is offline Junior Member
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    The whole situation is very sad. They had the baby when they were just children and now that my husband is 34 he has started to grow up a little bit..lol. We were taken back when we found out she died. Such a horrible thing for a child to go through. We just want the best for her and my husband wants a chance to be in her life now. We are trying to do this calmly for the daughter sake cause she has been through so much but my husband is concerned about what happens to the back pay once she turns 18in a year. We want her to get it and not the grandmother and since we dont know if there even was a will if they child support dept will even say that the back pay is owed. When we contacted the child support dept we were last told that it takes a couple weeks for the court to update the current order but that the prior case will be terminated and we just wondered if that included the back pay. We are expecting to go back to court with the grandmother for a new order but were unsure what happens with the back pay.
  7. #7
    Proserpina is offline Senior Member
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    The CURRENT obligation may cease.

    The backpay? That is STILL owed to Mom's estate. Period.
  8. #8
    heatherheather1 is offline Junior Member
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    Unless someone has a will did she really have an estate? The other issue is the mother was married and after the mother died the husband moved in a new girlfriend like 2 months later so the daughter went to live with the grandmother ***I know it is really crazy. So if there was a will and everything went to her husband does his daughter not get anything?
  9. #9
    justalayman is offline Senior Member
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    heatherheather1;3018513]Unless someone has a will did she really have an estate?
    everybody has an estate. It is, in the simplest terms, any and all possessions a person owns.


    So if there was a will and everything went to her husband does his daughter not get anything?
    if there was a will, the mothers possessions were, or should be, disbursed as directed by the will. If she had no will, her estate should be disbursed per the laws of intestate succession of the state of her residence.

    the child is not due the money though. The mothers estate is. Depending on how here estate is controlled, the daughter could end up with some of the money but that is another discussion altogether.
  10. #10
    heatherheather1 is offline Junior Member
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    So since the child support case will be closed basically either the grandmother or stepfather could reopen the case for the backpay ?? We would like to just continue paying the same amount directly to the grandmother until she turns 18 so we dont have to subject anyone to court but the grandmother is so mad that we told child support she died we assume she will take us to court, which is fine and maybe even the best thing. Child support office told us that we can request back payment for all the months we made payments that the mother was deceased but of course we will not do this. They said it was illegal for them to be cashing the child support payments.

    But in regards to the back pay if I am understanding this correctly they would have to take him back to court to arrange payment for the mother's estate. Sorry to sound like an idiot and I just way out of my element.
  11. #11
    justalayman is offline Senior Member
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    no, they cannot open the case for the backpay (with the exception of maybe the time since the mother died). They would be opening a new case.

    If the grandparents will accept what you are paying, great. If not, they can file for CS with the court. The court will determine how much dad has to pay based on a current review of the facts.

    the mother's estate would have to make a claim for the arrears. If nobody probated the estate, nobody is going to be asking for the arrears.
  12. #12
    heatherheather1 is offline Junior Member
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    How would we be able to find out if the estate was probated?
  13. #13
    justalayman is offline Senior Member
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    ask those that are familiar with the mother

    contact the probate court that would have been where the probate action was filed.
  14. #14
    Proserpina is offline Senior Member
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    There is, incidentally, nothing stopping DAD from opening a NEW case himself - in order to keep paying child support; the state WILL allow him to do that.
  15. #15
    heatherheather1 is offline Junior Member
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    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.

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