Illinois, Dad Owes Child Support, Does Wife Pay if he Dies?

[waterwell]

Hello. New to the forum.
Just had a couple questions about child support.
I live in Illinois, dad accumulated child support "debt" and still lives in Illinois.

Dad owes child support (I'm his kid).
1a) Am I able to file for a portion or all of the child support still owed if he dies in my lifetime or does this money have to go to mom?
1b) If/when dad dies, can his current wife be made to pay any money still owed after his belongings are liquidated/handed over to whomever is receiving the child support?

Can't think of any more questions right now, but any more advice is welcome.

 

[Silverplum]

Hello. New to the forum.
Just had a couple questions about child support.
I live in Illinois, dad accumulated child support "debt" and still lives in Illinois.

Dad owes child support (I'm his kid).
1a) Am I able to file for a portion or all of the child support still owed if he dies in my lifetime or does this money have to go to mom?
1b) If/when dad dies, can his current wife be made to pay any money still owed after his belongings are liquidated/handed over to whomever is receiving the child support?

Can't think of any more questions right now, but any more advice is welcome.

a) It belongs 100% to Mom.
b) Depends on paperwork you haven't seen.

Additional advice: let the whole thing go.

 

[LdiJ]

Hello. New to the forum.
Just had a couple questions about child support.
I live in Illinois, dad accumulated child support "debt" and still lives in Illinois.

Dad owes child support (I'm his kid).
1a) Am I able to file for a portion or all of the child support still owed if he dies in my lifetime or does this money have to go to mom?
1b) If/when dad dies, can his current wife be made to pay any money still owed after his belongings are liquidated/handed over to whomever is receiving the child support?

Can't think of any more questions right now, but any more advice is welcome.

I agree with the "let it go". However, I think that you deserve some specific answers. Child support is owed to your mother, not you. It is a reimbursement for a share of the money she spent raising you. His current wife cannot be made to pay money. Only his estate can be made to pay money and that is only if he has an actual estate. Many married couples set things up so that everything passes to someone outside of their estate. Life insurance, retirement benefits usually have a beneficiary and pass to that beneficiary outside of the estate, therefore leaving nothing to be seized, from those items, for back child support. Real estate, cars and bank accounts that have joint owners also pass outside of any estate and belong to the joint owner, with the same results. The only thing that would be separate property and would go to the estate are things that are not jointly owned and do not have beneficiaries.

Therefore, realistically, you will not collect anything from your father's estate unless he arranges it so that you will.