father being charged for back child support of diseased mother

[Coylenb2]

Long story short. My mother passed away in 2007, my father owed her a great deal of child support for myself and 3 brothers. My grandmother was awarded custody of my younger 2 brothers, and very briefly myself. In the time that has passed, my father has had his wages garnished for support of the younger 2, even though they are now 22 and 21. We both understand that he would be responsible for support for them until they became 18, which was never officially set by any court. My real question here is, can he be charged for the back child support of my mother even though she has passed away? I do understand somethings, that the miney owed is assessed in some since with her estate, which is handled by my grandmother. I am just confused that now, 10 years later he is being summoned to court for a very large amount of money. Any advice and knowledge would be greatly appreciated. Also this all has taken place in the state of VA.

 

[Ohiogal]

Long story short. My mother passed away in 2007, my father owed her a great deal of child support for myself and 3 brothers. My grandmother was awarded custody of my younger 2 brothers, and very briefly myself. In the time that has passed, my father has had his wages garnished for support of the younger 2, even though they are now 22 and 21. We both understand that he would be responsible for support for them until they became 18, which was never officially set by any court. My real question here is, can he be charged for the back child support of my mother even though she has passed away? I do understand somethings, that the miney owed is assessed in some since with her estate, which is handled by my grandmother. I am just confused that now, 10 years later he is being summoned to court for a very large amount of money. Any advice and knowledge would be greatly appreciated. Also this all has taken place in the state of VA.

Yes your father can be forced to pay child support since your grandmother was awarded custody. Most likely a child support order was put in place OFFICIALLY when your grandmother was awarded custody. Truthfully, this is none of your business.

 

[LdiJ]

Long story short. My mother passed away in 2007, my father owed her a great deal of child support for myself and 3 brothers. My grandmother was awarded custody of my younger 2 brothers, and very briefly myself. In the time that has passed, my father has had his wages garnished for support of the younger 2, even though they are now 22 and 21. We both understand that he would be responsible for support for them until they became 18, which was never officially set by any court. My real question here is, can he be charged for the back child support of my mother even though she has passed away? I do understand somethings, that the miney owed is assessed in some since with her estate, which is handled by my grandmother. I am just confused that now, 10 years later he is being summoned to court for a very large amount of money. Any advice and knowledge would be greatly appreciated. Also this all has taken place in the state of VA.

He would still owe your mother's estate the back support.

 

[stealth2]

You could have made your short story a tad longer by answering the leading question - what state?

 

[FlyingRon]

You could have made your short story a tad longer by answering the leading question - what state?

It's in the last line of his post: Virginia.

The "court" never sets support in Virginia. It's set administratively based on the salaries of the parents.

The arrears due your mother is part of her estate. It just doesn't evaporate because the child turns 18 or the mother dies.
Further if she received public assistance, that money can be collected by the state.

 

[stealth2]

Thank you, Ron.