child support

[liuranga]

What is the name of your state? nm
how does it work when the father of your children die; can my two children still receive child support and can it be taken form their fathers estate?

[Silverplum]

This is a double post. Please return to your original post, read the info given you, and answer any question/s posed to you there.

[url]http://forum.freeadvice.com/showthread.php?p=1654682#post1654682[/url]

[Ohiogal]

Death pretty much results in involuntary unemployment which means if you apply for a modification through the courts the courts will take his ACTUAL income which is zero. As such his contribution to child support would be set at zero. Of course if he killed himself you might be able to argue that that resulted in a voluntary unemployment and therefore his income should be imputed. However you would still have the collection problem if they imputed his income -- which they wouldn't be able to do because service would be a pain. Personal service is hard to do if the individual is six feet under -- you can't hand it to them. The NCP can't sign for a certified mail. Regular mail -- well what is the address of his grave or internment? I see issues with this. Oh and I forgot to mention that since you know where he is then you cannot do posting or service by publication. And you can't state that he is avoiding service. So you really wouldn't get very far. And as a corpse the only property he basically has is his coffin or urn holding his remains in which he is placed therefore getting a lien on that is going to be difficult. And the actual land is nothing more than a long term rental so he doesn't technically own it. Hmmm... maybe BoredAtty will chime in here if I am wrong.

[fairisfair]

you should however consider filing for Social Security death benefits for your children.

[Gracie3787]

you should however consider filing for Social Security death benefits for your children.

I agree, even if the father was young and didn't work for long, children can still recieve SS survivor's benefits. ( My brother was murdered at age 22, my neices and nephew recieved benefits until they were 18).