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  1. #1
    Texasscrewed is offline Junior Member
    Join Date
    Oct 2007
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    CS recipient died, Do I still owe back support?

    What is the name of your state? Texas

    Back in 1997 me and my wife got divorced. I volunteered to pay child support. I was not ordered to pay through the court or throught the Texas Child Support Office. I paid directly to her each month. She latered wanted to buy a pickup truck, but with her credit she could not get one. She offered and I accepted that I buy her a truck and make the payments instead of sending her a check each month for child support. I paid my child support as agreed through the required period. Youngest child turned 18.

    My youngest decided to go to college. The ex-wife decided that she wanted more money. She filed with the Texas Attorney General that I never paid support. The TAG mailed a notice of hearing to an old address. ( I have heard that TAG does this quite often, I holds down on the contesting hearings) Thus I never knew about a hearing until my employer notified me of wage garnishment. TAG claimed I owed $42,000 in back child support.

    So I've paid monthly payments through the TAG for back child support that I didn't owe for the last 3 years. I have been unemployed for the last year and not had the money to fight the case.

    Two weeks ago, my ex-wife died. How do I go about cancelling the falsley stated back child support? Both my children have told me that they knew I had paid support and knew of the agreement with the ex-wife about the truck payments.

    What's my recourse? Is there a form I need?

    Texasscrewed
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
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    66,340
    I think that all you have to do is prove to the AG that she is deceased. As long as none of the money was due to the state rather than to your ex (as long as she was not on state aid), that should be enough to end the garnishment.
  3. #3
    Join Date
    Apr 2007
    Location
    WA
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    Quote Originally Posted by LdiJ View Post
    I think that all you have to do is prove to the AG that she is deceased. As long as none of the money was due to the state rather than to your ex (as long as she was not on state aid), that should be enough to end the garnishment.
    When someone dies and they are owed money, doesn't there estate become entitled to the money?

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