Collecting Back Child Support for Deceased Mother

[cbmonfort]

What is the name of your state? CA - My mother passed away last month. My father owes back child support under a temporary order that was set when my parents filed for divorce. She died before the divorce was finalized. He will take 20k under her 401k which would have been null if the divorce was completed. He owes 80k in back support. My question is how can I seek these funds. Can I file on my own behalf, under any exception to the rule that children cannot collect back child support in California since my mother is deceased? Or, can I file on behalf of my deceased mother for the back child support since she did in fact die?

 

[Gracie3787]

What is the name of your state? CA - My mother passed away last month. My father owes back child support under a temporary order that was set when my parents filed for divorce. She died before the divorce was finalized. He will take 20k under her 401k which would have been null if the divorce was completed. He owes 80k in back support. My question is how can I seek these funds. Can I file on my own behalf, under any exception to the rule that children cannot collect back child support in California since my mother is deceased? Or, can I file on behalf of my deceased mother for the back child support since she did in fact die?

I don't believe that you personally can collect, I think that your mother's estate will be able to though. You should ask the excuter of her estate and the attorney about it.