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CS arrears enforceable to deceased parent's estate?

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MsLiz56

Junior Member
What is the name of your state (only U.S. law)? Florida
I searched previous posts, but our situation is a bit different. Our daughter recently passed away; she had sole custody of her 6-year-old son by her ex-husband. Sole custody was granted because of our son-in-law's domestic violence and drug problems. We are involved because our daughter moved back in with us when she was pregnant, and we have helped raise our grandson and care for our duaghter, who was diagnosed with breast cancer shortly after the baby was born. (Sorry for all the backstory).

Our former son-in-law has been very involved with his son, but very irresponsible, and was almost $17000 in arrears at the time of our daughter's death. We understand that he will get custody and that child support will cease, as he is he sole surviving parent, but will his arrearage basically be "written off" because our daughter is deceased?

My husband is executor, and we would like to believe that, since our daughter paid for everything for her son despite court orders that were ignored, the court would enforce payment of arrearages to her estate that could be designated as trust funds for her son.

Any input would be appreciated.
 


I can't speak to the legalities of the situation but since she solely provided for her son for 6 years and now dad will have to do it for the next 12+ years, I would think that would more than cover his arrears. I understand you are grieving your daughter and you have my condolences for your loss, but any attempt by you to collect on this will only succeed in taking food from the mouth of your grandson. I woud seriously consider letting it go if I were you.

Just my 2 cents.
 
Last edited:

stealth2

Under the Radar Member
On a side note, you might want to try being very nice to dad or he could pull the plug on you ever seeing your grandson again.
That's what I was going to post. The kiddo has already lost his Mom - do everything in your power to ensure he doesn't also lose his grandparents.

ETA: My condolences to you all.
 

TheGeekess

Keeper of the Kraken
752.011 Petition for grandparent visitation with a minor child.—A grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing, or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare, may petition the court for court-ordered visitation with the grandchild under this section.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0752/0752.html
 
752.011 Petition for grandparent visitation with a minor child.—A grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing, or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare, may petition the court for court-ordered visitation with the grandchild under this section.
I'm no expert but unless dad has a violent felony on his record, this clause may prevent the grandparents from getting a visitation order.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Florida
I searched previous posts, but our situation is a bit different. Our daughter recently passed away; she had sole custody of her 6-year-old son by her ex-husband. Sole custody was granted because of our son-in-law's domestic violence and drug problems. We are involved because our daughter moved back in with us when she was pregnant, and we have helped raise our grandson and care for our duaghter, who was diagnosed with breast cancer shortly after the baby was born. (Sorry for all the backstory).

Any input would be appreciated.
752.011 Petition for grandparent visitation with a minor child.—A grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing, or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare, may petition the court for court-ordered visitation with the grandchild under this section.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0752/0752.html
I'm no expert but unless dad has a violent felony on his record, this clause may prevent the grandparents from getting a visitation order.
You need to read a little more carefully. :cool:
 

single317dad

Senior Member
As to the question of the arrears, I'll take a stab at it:

The child has a right to support from his parents; this much is broadly accepted. The child received that support (albeit, only or nearly so from his mother, but that's beside the point) for 6 years. He'll presumably receive support primarily or solely from his father for the remainder of his minority. Therefore, the child's right to support is fulfilled.

What your daughter did, in essence, is loan her ex-husband money for 6 years. I believe the estate has a claim to this unpaid money, but don't look to the child support agency to enforce it. Consider that now Dad has a child to house, clothe, and feed, and imagine how long it might take the estate to actually collect on this debt, which also needs to be distributed, and complicates the closing of the whole matter. And also consider that if you are the executor, you'll get the brunt of Dad's wrath when someone garnishes his wages, as other posters have pointed out.

I recommend you speak with a local attorney and discuss, among other things, how costly it will be to pursue this matter, including the long-term enforcement, since CSE will likely be of little to no help.
 

torimac

Member
Dad will be able to file for social security for the child, so he doesn't need to file against the estate, even if it was possible.
 

Ohiogal

Queen Bee
That's what I was going to post. The kiddo has already lost his Mom - do everything in your power to ensure he doesn't also lose his grandparents.

ETA: My condolences to you all.
Actually that is not true. The grandparents, if they sued for visitation, would get a court order unless they were dangerous to the child.
 

Ohiogal

Queen Bee
As to the question of the arrears, I'll take a stab at it:

The child has a right to support from his parents; this much is broadly accepted. The child received that support (albeit, only or nearly so from his mother, but that's beside the point) for 6 years. He'll presumably receive support primarily or solely from his father for the remainder of his minority. Therefore, the child's right to support is fulfilled.

What your daughter did, in essence, is loan her ex-husband money for 6 years. I believe the estate has a claim to this unpaid money, but don't look to the child support agency to enforce it. Consider that now Dad has a child to house, clothe, and feed, and imagine how long it might take the estate to actually collect on this debt, which also needs to be distributed, and complicates the closing of the whole matter. And also consider that if you are the executor, you'll get the brunt of Dad's wrath when someone garnishes his wages, as other posters have pointed out.

I recommend you speak with a local attorney and discuss, among other things, how costly it will be to pursue this matter, including the long-term enforcement, since CSE will likely be of little to no help.
Not quite right as the child .. if mom worked, will get dependent survivor benefits until he reaches the age of majority. That is Mother's child support. I see this differently than most people on here as there are legal ways for the grandparents to continue a relationship as well as collect the arrearages for the child.
 

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