iam almost 18, what if my mom dies, who gets the arears since i now live with my dad

[migente]

What is the name of your state?What is the name of your state? california

im almost 18... mom is sick, i now live with my dad because mom can no longer take care of me.. my dad owes her $28k of arrears, if she dies after i turn 18, who will get the arrears my dad owes to her? me or my moms new husband...

[VeronicaGia]

Originally Posted by migente

What is the name of your state?What is the name of your state? california

im almost 18... mom is sick, i now live with my dad because mom can no longer take care of me.. my dad owes her $28k of arrears, if she dies after i turn 18, who will get the arrears my dad owes to her? me or my moms new husband...

Neither. CS is owed to the parent to help take care of the child. Is this what's really important here?

[migente]

Originally Posted by VeronicaGia

Neither. CS is owed to the parent to help take care of the child. Is this what's really important here?

thank you for our reply, but my dad wages are currently garnished. if someting was to happen to my mom.. will his garnishment stop, or who will the garnishment be forwarded too? you say niether.. then who?

[stealth2]

The garnishment will stop.

[Phnx02]

More than likely, the garnishment will stop because the CP (your mother) will be deceased, and I'm sorry to put this bluntly, but then this person will no longer exist to receive the money. However, depending on the state laws where you live, YOU may still be entiteld to this money since dad owed this CS and it should have been paid while mom was still alive and responsible for your care. This is a debt, and as an heir to your mother's estate, you may still be entitled to it on her behalf. Similarily, you may still be able to continue the original order for payment by "keeping it active" in the court system......again depending on your state law, a child can actively continue a child support order beyond the age of 18 (for how long depends on your state's statute of limitations) for payment if the NCP failed to pay the CP as ordered. This money was intended for your care, and even though you've now reached the age of 18, this does not "automatically erase" the NCP parent from this debt......alot of states allow the child to still pursue the original order beyond the age of majority on his/her parent's behalf for money that was intended for him/her in the first place....and if you collect, you get it.

[Shay-Pari'e]

Originally Posted by Phnx02

More than likely, the garnishment will stop because the CP (your mother) will be deceased, and I'm sorry to put this bluntly, but then this person will no longer exist to receive the money. However, depending on the state laws where you live, YOU may still be entiteld to this money since dad owed this CS and it should have been paid while mom was still alive and responsible for your care. This is a debt, and as an heir to your mother's estate, you may still be entitled to it on her behalf. Similarily, you may still be able to continue the original order for payment by "keeping it active" in the court system......again depending on your state law, a child can actively continue a child support order beyond the age of 18 (for how long depends on your state's statute of limitations) for payment if the NCP failed to pay the CP as ordered. This money was intended for your care, and even though you've now reached the age of 18, this does not "automatically erase" the NCP parent from this debt......alot of states allow the child to still pursue the original order beyond the age of majority on his/her parent's behalf for money that was intended for him/her in the first place....and if you collect, you get it.

That is NOT CORRECT. She is now living with her father. CA support stops when the child is 19 or graduates from highschool, which ever comes first. If the mother passes away and she resides with her father, any money owed is forgiven,and the order stops. The child cannot persue anything.

Instead of "You may this or that depending on the state law," post the state law.

[BelizeBreeze]

Originally Posted by Phnx02

More than likely, the garnishment will stop because the CP (your mother) will be deceased, and I'm sorry to put this bluntly, but then this person will no longer exist to receive the money. However, depending on the state laws where you live, YOU may still be entiteld to this money since dad owed this CS and it should have been paid while mom was still alive and responsible for your care. This is a debt, and as an heir to your mother's estate, you may still be entitled to it on her behalf. Similarily, you may still be able to continue the original order for payment by "keeping it active" in the court system......again depending on your state law, a child can actively continue a child support order beyond the age of 18 (for how long depends on your state's statute of limitations) for payment if the NCP failed to pay the CP as ordered. This money was intended for your care, and even though you've now reached the age of 18, this does not "automatically erase" the NCP parent from this debt......alot of states allow the child to still pursue the original order beyond the age of majority on his/her parent's behalf for money that was intended for him/her in the first place....and if you collect, you get it.

I would love to see you quote one statute in any of the 50 states whereby this child has standing to receive the arrears.

I'll be waiting you dufus.

[Phnx02]

BelizeBreeze:
Almost every single time you reply to someone's message you are crass and arrogant....why can't you just be nice? People on this board are just seeking advice, suggestions & related experiences without having to be called names or told they're stupid. Evidently, you get a kick out of putting other's down.

I don't quote state laws because I am not an attorney (nor obviously are you)**************I don't know all the state laws (nor obviously do you), nor do I make it a hobby of mine to learn them all......if someone wants to know their state law on something, they can look it up themselves. If you don't like this then feel free to do it yourself since you think you have all the answers.

As far as my response to this original post goes.....In the state of Minnesota a child - now adult - CAN sue their NCP parent for the CS they skipped out on within 10 years after he/she reaches the age of majority - if there was an original order for such CS. Again, I don't quote this law/statute because I don't have it readily available**************
I only offer this information, based on personal experience, to be researched further by the person asking the question.

[LdiJ]

I think that there are issues here that may be getting ignored. Child support arrearages are an official debt, that now appears on people's credit report as a debt. Someone would have to consult an estate attorney to be certain, but my gut feeling is that the debt would still be due and payable to mom's estate. The beneficiaries of the estate would then be entitled to the money.

Therefore unless mom is careful with her will, her current husband could end up getting the arrearages rather than her child.

[Phnx02]

Quote:
Originally Posted by migente
What is the name of your state?What is the name of your state? california

im almost 18... mom is sick, i now live with my dad because mom can no longer take care of me.. my dad owes her $28k of arrears, if she dies after i turn 18, who will get the arrears my dad owes to her? me or my moms new husband...

Once a child emancipates, child support ceases. However, if child support arrears ARE STILL owed, the noncustodial parent is still required to pay on the outstanding balance including interest until it is paid in full. See UIFSA (Uniform Interstate Family Support Act) & Statues of Limitations information at: [url]www.divorcesource.com/tables/supportlimitations.shtml[/url]
This page lists the statute of limitations for collecting cs arrears in each state. For example the state of Arizona statute is: Ariz. Rev. Stat. Ann. 25-503(J); see also Johnson v. Johnson, 195 Ariz. 389, 988 P.2d 621, 623 n.1 (Ct. App. 1999). A request for judgment for arrears must be filed within 3 years after emancipation of all children; formal written judgments enforceable until paid in full.

Once you turn 18 (or the emancipation age for your state), you can file this judgement in place of your mother.

[haiku]

if you can quote a law that states a CHILD can sue, or assume a judgement, you might be able to make your case better**************......

[BelizeBreeze]

Once you turn 18 (or the emancipation age for your state), you can file this judgement in place of your mother.

Try again. And this time make sure you know what you're talking about.