How to Collect Back Child Support When the Non-Custodial Parent Dies?

[sayers0571]

Last week the father of my two oldest children passed away. They are both over the age of 18 but he was in the arrears of $50k. When I called the child support office here in Texas they said there is nothing that they can do to collect the money since he is now deceased. So, my question is, is there a way for me to collect the arrears from his estate? The case was originated in Florida and I reside in Texas. Would that make a difference? Any assistance would be grateful.
Thanks in advance.

 

[Zigner]

Last week the father of my two oldest children passed away. They are both over the age of 18 but he was in the arrears of $50k. When I called the child support office here in Texas they said there is nothing that they can do to collect the money since he is now deceased. So, my question is, is there a way for me to collect the arrears from his estate? The case was originated in Florida and I reside in Texas. Would that make a difference? Any assistance would be grateful.
Thanks in advance.

File a claim with the estate.

 

[LdiJ]

File a claim with the estate.

Yes, that is what you would have to do. However that assumes that he would actually have an estate to probate. Please realize that things like life insurance or jointly owned assets will pass outside of any estate, and if he did not have any significant assets, its likely that there will not be anything to collect.

So, by all means make a claim against his estate, but be realistic about your possible results. If conditions are right, you might collect your 50k. If conditions are not, you might not collect anything...or any possible outcome in between.

In addition, unless he had a wife or other children, your children will be first in line to inherit his assets anyway.

 

[Zigner]

In addition, unless he had a wife or other children, your children will be first in line to inherit his assets anyway.

This would be correct if there is no will specifying something different. We don't know that...

 

[LdiJ]

This would be correct if there is no will specifying something different. We don't know that...

Well, that is true...I was operating under the idea that its pretty unlikely that he had a will, but if he did, that could change that aspect.

 

[Zigner]

Well, that is true...I was operating under the idea that its pretty unlikely that he had a will, but if he did, that could change that aspect.

I agree - that is probably a safe assumption.