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Can the estate of deceased custodial parent sue for back/future child support?

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Turtle's Girl

Junior Member
Pennsylvania:

Mother and father were never married. Mother had sole custody of kids--father only had visitation and has not been a real presence in children's lives. Has not paid child support for at least 8 years (if ever). Children are 14 and 11.

Mother died on Friday; made provisions for her sister and brother-in-law to be the legal guardians. Sister and BIL live 2,000 miles from sister, so the kids would have to move. Father and kids live in same area. Now father is talking schitt about stopping the kids from moving.

Obviously, he will have to hire a lawyer, but we know that the courts generally favor a parent over an extended family member. This is the type of guy who would run away with his tail between his legs if they came after him for back child support--what a weasel.

Does anyone know if it is possible for the Estate of the deceased parent to sue for back (and present/future) child support? I couldn't find anything on the Net.
 


Silverplum

Senior Member
Pennsylvania:

Mother and father were never married. Mother had sole custody of kids--father only had visitation and has not been a real presence in children's lives. Has not paid child support for at least 8 years (if ever). Children are 14 and 11.

Mother died on Friday; made provisions for her sister and brother-in-law to be the legal guardians. Sister and BIL live 2,000 miles from sister, so the kids would have to move. Father and kids live in same area. Now father is talking schitt about stopping the kids from moving.

Obviously, he will have to hire a lawyer, but we know that the courts generally favor a parent over an extended family member. This is the type of guy who would run away with his tail between his legs if they came after him for back child support--what a weasel.

Does anyone know if it is possible for the Estate of the deceased parent to sue for back (and present/future) child support? I couldn't find anything on the Net.
Father has the far superior right to the children. Nobody is "taking" the children without his agreement or a judge's order.

The CS issue is a non-starter: pointless.

In future, leave swearing out of your posts: also thinly disguised swearing. :rolleyes::rolleyes::rolleyes::rolleyes: We won't respond.
 

Turtle's Girl

Junior Member
While I appreciate your opinioned response (reprimand, notwithstanding :confused:), it is still not an aswer to my question. So, I will pose it again:

Can the estate of deceased custodial parent sue for back/future child support?

Thank you in advance.
 

Ohiogal

Queen Bee
While I appreciate your opinioned response (reprimand, notwithstanding :confused:), it is still not an aswer to my question. So, I will pose it again:

Can the estate of deceased custodial parent sue for back/future child support?

Thank you in advance.
Was there ever a child support order? Apparently not. SO NO. The estate cannot sue for that. As for future support, nope. Not gonna happen. The children go to dad. Dad has a right to custody of HIS children. CHILDREN can NOT be willed. The whole 14th amendment changed it so that people are NOT EVER (aka NEVER) property.
 

Turtle's Girl

Junior Member
"Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you."

Wow. You are quite a piece of work. You include some quote about parents loving their kids, and yet you advocate a person's "right" to their kids when they've shown absolutely NO interest in those kids WHATSOEVER, until it is financially advantageous for them to do so. (He would receive about $3,000/month in Social Security benefits.)

Never mind that he's unfit. Never mind that he doesn't even take care of his own health (diabetic who ignores his condition to the point where he's had to have toes removed). Never mind that he can't even afford to pick his kids up and expected the kids' mother to drop them off and pick them just so he could visit them, when he bothered. Never mind that the kids don't want to live with him!

Oh yeah. The kids are MUCH better off with this guy.

Thanks for your input.
 
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Silverplum

Senior Member
We're not interested in rants.
We're not interested in amateur diagnoses.

Keep in mind, as you deal with these bereaved children, that your condemnation of their father is condemnation of half of them.

If you had half the psych background it would take to "declare" Dad "unfit," you would know that already and not badmouth their other parent.

"Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you."

Wow. You are quite a piece of work. You include some quote about parents loving their kids, and yet you advocate a person's "right" to their kids when they've shown absolutely NO interest in those kids WHATSOEVER, until it is financially advantageous for them to do so. (He would receive about $3,000/month in Social Security benefits.)

Never mind that he's unfit. Never mind that he doesn't even take care of his own health (diabetic who ignores his condition to the point where he's had to have toes removed). Never mind that he can't even afford to pick his kids up and expected the kids' mother to drop them off and pick them just so he could visit them, when he bothered.

Oh yeah. The kids are MUCH better off with this guy.

Thanks for your input.
 

Turtle's Girl

Junior Member
I'm a parent myself, and I know enough to not "bad mouth" their dad in front of them. But the truth is the truth, and the things said in this forum will not been seen by the children.

Furthermore, I care not what you are interested in. If you truly were not interested in rants, you would have provided an answer without your trivial, unsolicited commentary. I asked a question, provided a little background, and just wanted a simple "yes" or "no" answer.
 
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BL

Senior Member
I'm a parent myself, and I know enough to not "bad mouth" their dad in front of them. But the truth is the truth, and the things said in this forum will not been seen by the children.

Furthermore, I care not what you are interested in. If you truly were not interested in rants, you would have provided an answer without your trivial, unsolicited commentary. I asked a question, provided a little background, and just wanted a simple "yes" or "no" answer.
You got your Legal answer(s) .

You provide more than a little background .

If you wanted an answer to that specific legal question , you should have left your emotions out of it .
 
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nextwife

Senior Member
Pennsylvania:

Mother and father were never married. Mother had sole custody of kids--father only had visitation and has not been a real presence in children's lives. Has not paid child support for at least 8 years (if ever). Children are 14 and 11.

Mother died on Friday; made provisions for her sister and brother-in-law to be the legal guardians. Sister and BIL live 2,000 miles from sister, so the kids would have to move. Father and kids live in same area. Now father is talking schitt about stopping the kids from moving.

Obviously, he will have to hire a lawyer, but we know that the courts generally favor a parent over an extended family member. This is the type of guy who would run away with his tail between his legs if they came after him for back child support--what a weasel.

Does anyone know if it is possible for the Estate of the deceased parent to sue for back (and present/future) child support? I couldn't find anything on the Net.
The LEGAL bottom line is that it is neither your nor our place to determine child custody. Mom never had a legal right to WILL custody.

IF dad wants to have custody of his children, he has those rights UNLESS a court states otherwise. Plenty of overweight, financially irresponsible diabetic moms, as well as dads, have and maintain custody of their children.

If dad wants custody, he would have first rights, as their parent. You, as a third party, have no legal say or right to interfere with his constitutionally guarantied right to parent his child, and he does not have to meet your pre approval.

You cannot presume that dad would not want/ get custody of his children.

Was there a court order for child support?
 
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Turtle's Girl

Junior Member
Thank you for your response, nextwife.

BL - Again, I can do without the reprimands. Last time I checked, the death of a loved one and concerns for the welfare of the children left behind can be quite emotional.

But that's just me.

I do appreciate your response, though. And I mean that sincerely. :)
 
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Ohiogal

Queen Bee
"Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you."

Wow. You are quite a piece of work. You include some quote about parents loving their kids,
I am quite a piece of work. I am fabulous. I am educated. I am a GAL. Oh and I am an attorney. You are an idiot.

and yet you advocate a person's "right" to their kids when they've shown absolutely NO interest in those kids WHATSOEVER, until it is financially advantageous for them to do so. (He would receive about $3,000/month in Social Security benefits.)
You sure about that? And one could say you only want the children because that 3k a month would be fabulous for you to have.

Never mind that he's unfit.
Really? A court has ruled that he is unfit? A court has stated that he is an unfit parent and made the LEGAL finding of that?

Never mind that he doesn't even take care of his own health (diabetic who ignores his condition to the point where he's had to have toes removed).
Oh and you know for a fact that that is why his toes were removed? Or are you assuming that is why? Because diabetics can do everything right and STILL have severe medical problems from the diabetes.



Never mind that he can't even afford to pick his kids up and expected the kids' mother to drop them off and pick them just so he could visit them, when he bothered. Never mind that the kids don't want to live with him!

The children don't get to dictate. Never mind that you are a LEGAL stranger. NEVER mind that you are a moron. Never mind that you have no clue about the law. Never mind.. should I continue?
 

Ohiogal

Queen Bee
Thank you for your response, nextwife.

BL - Again, I can do without the reprimands. Last time I checked, the death of a loved one and concerns for the welfare of the children left behind can be quite emotional.

But that's just me.

I do appreciate your response, though. And I mean that sincerely. :)
Your emotion is not dealt with by the courts. YOU have no place to make any decisions about these children. The courts will. And the courts will presume that dad is fit. YOU got your legal answer. The estate cannot sue for BACK support. If mom thought it important SHE would have sued for a child support order. As for future support, don't bet on it. Oh and bear in mind, IF you lose custody to dad, don't count on dad letting you anywhere near the children.
 
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