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  1. #1
    Clueless102487 is offline Junior Member
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    Ex died owing over 10 grand in back support

    What is the name of your state? CT
    My ex died owing back support. Why isn't this considered a bad debt? I have a court order... if he died owing me $ for a car and I had a court order I could write it off but not a child? Any help would be greatly appreciated!
  2. #2
    garrula lingua is offline Senior Member
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    Was probate opened ?

    Check into opening probate and maybe he had some assets which could be applied against the child support debt (car, house, personal property, guns, cameras, pensions, etc).
    Is your child still a minor ? Check into any possible Social Security payments due you for the child.
  3. #3
    nextwife is offline Senior Member
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    Please clarify if this is a tax question, or a collection question?

    If he had assets in his estate that were subject to probate, a claim could be filed against the estate. If none, you are SOL as to collection.

    As to treatment of the debt for tax purposes, you might also try the tax forum.
  4. #4
    soon2bstep is offline Member
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    wow

    so how is your child feeling through all of this? i imagine it's hard on him/her, knowing dad intentionally died owing you support.....damn.....or that even though he owes you money, your child won't get to spend those weekends with dad anymore.....i must wonder why CP's ask this question.....

    as for the tax end, as a preparer, i dont think you can do anything, except go to the judge, and ask that some or all of the return his ESTATE PERSON is filing on his behalf(yes even the dead get a refund!), or if there is any assets, that your child receive the support owed from that, before other things are paid.....or maybe there is a life ins policy you're not aware of that has been set up in case of this event, that you've not received yet! yes, it happens often.....parents don't really like to discuss (with anyone) that they may die, so sometimes they take out $$$ plans, and just don't tell anyone! WHERE'S THE WILL!!!!! maybe your son is in there, something left to him you may be able to sell to get the money back? jeeeeeeeeez

    oh my, what if he died BROKE!!!!!

    hahaha.....sorry, i dont mean to be judge-mental, but if you died, do you think your ex would bitch he aint got no money!!!!!?????
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by soon2bstep View Post
    as for the tax end, as a preparer, i dont think you can do anything, except go to the judge, and ask that some or all of the return his ESTATE PERSON is filing on his behalf(yes even the dead get a refund!),
    Actually IF the deceased is going to get a refund and IF he is in arrears the OP can ask that his refund be seized by CSEA. Doesn't even take going to the judge.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    ProSeDadinMD is offline Senior Member
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    Hold up folks.

    Quote Originally Posted by Clueless102487 View Post
    What is the name of your state? CT
    My ex died owing back support. Why isn't this considered a bad debt? I have a court order... if he died owing me $ for a car and I had a court order I could write it off but not a child? Any help would be greatly appreciated!
    OP, this question is kind of open to interpretation. Most seem to read this as you trying to get paid. I read it as you asking why you can't just write it off(implying that you want to forgive the debt).

    Which is it?
  7. #7
    StampGirl is offline Senior Member
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    I am sorry for your child's loss.

    This is exactly the scenario I presented to my attorney and the judge when we got divorced. My ex is a cop. Chances are scary that he could die anyday he goes to work. Yes I know the same is for anyone but moreso for a cop, fireman etc. Anyways..... My ex took out a life insurance policy naming the children as beneficiaries and if they are minors, then the the policy goes to me. He is not allowed to have anyone else on the policy. PERIOD. That may sound bad to some but seeing he was already involved in a shooting it made sense to me.
  8. #8
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by StampGirl View Post
    I am sorry for your child's loss.

    This is exactly the scenario I presented to my attorney and the judge when we got divorced. My ex is a cop. Chances are scary that he could die anyday he goes to work. Yes I know the same is for anyone but moreso for a cop, fireman etc. Anyways..... My ex took out a life insurance policy naming the children as beneficiaries and if they are minors, then the the policy goes to me. He is not allowed to have anyone else on the policy. PERIOD. That may sound bad to some but seeing he was already involved in a shooting it made sense to me.
    It sounds SMART! You should also have a policy in case something were to happen to you.
  9. #9
    soon2bstep is offline Member
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    ohiogal

    yes, i did forget to mention that she w/n need a judge is CSEA seized the refund....maybe i read the post as she just wanted the money, maybe she wants a write off.....writing it off, i'm not sure you can write child support off.....i don't believe child support is considered "earned income", so i don't think you can use that as a deduction, and if you can count recieving it, it goes to imput your income....i could be wrong, however my book is in my desk, and i am at home.....
  10. #10
    penelope10 is offline Senior Member
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    Quote Originally Posted by baystategirl View Post
    It sounds SMART! You should also have a policy in case something were to happen to you.
    Doesn't sound bad to me either. In fact, the court did the same thing for my child which was unheard of in TX at the time. It is my understanding that the family code in TX now states that an NCP can be ordered to take out life insurance. The life insurance has a face value that annually goes down. Hence, if Mom or Dad dies prior to the end of the child support there is no need to go after the estate to collect CS still owed. (And the custodial parent does not get a "windfall" should something happen to the ex., just what would be owed for the duration of the CS obligation.)

    And by the way I also have life insurance for my daughter.....
    Last edited by penelope10; 01-22-2008 at 08:44 PM.
  11. #11
    TinkerBelleLuvr is offline Senior Member
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    The OP's question is whether she can write off the child support arrearage off her taxes as a 'bad debt'.

    In our argument that child support is to pay back the money the CP is spending out of pocket to support the child. In that sense, it could be rationalized that it is a debt owed to her.

    I'll send a PM to a couple of seniors who might have ideas on this one.

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