Suing an estate for unpaid child support

[jhlerner]

What is the name of your state (only U.S. law)? New York

The scenario is as follows:
The father "tricked" a foreign born mother into signing divorce papers (year was 1984) that did not provide for any child support or alimony. It only provided that the father pay for the child's education. The mother did not ever receive any form of money from the father and the child was age 9 at the time of the divorce. The mother has been told that she did not have the right to waive child support rights and can sue for back child support. The statute of limitations on this in NY per my research is 20 years, NY law allows for child support until age 21, the child is now 38 years old. 20 years ago would put the child 18 years old and still within the age of receiving support.
The father is now deceased, can the mother sue the estate of the father for the back child support?
If so, would it be all support from age 9 through age 21, or just from age 18 through 21?
How would the mother calculate the amount she should be suing for since there was no stipulation for support?
Further, the father had a life insurance policy at his employer, could the mother halt the payment to that beneficiary pending this suit (the estate does not have much value)?
Finally, the father refused to pay for the child's education after 10th grade, therefore the child went to public school. And the father did not pay for the child's college education for which the child assumed loans to pay for schooling. Is there any cause for suit there for the child against the estate?

 

[Ohiogal]

What is the name of your state (only U.S. law)? New York

The scenario is as follows:
The father "tricked" a foreign born mother into signing divorce papers (year was 1984) that did not provide for any child support or alimony. It only provided that the father pay for the child's education. The mother did not ever receive any form of money from the father and the child was age 9 at the time of the divorce. The mother has been told that she did not have the right to waive child support rights and can sue for back child support. The statute of limitations on this in NY per my research is 20 years, NY law allows for child support until age 21, the child is now 38 years old. 20 years ago would put the child 18 years old and still within the age of receiving support.
The father is now deceased, can the mother sue the estate of the father for the back child support?
If so, would it be all support from age 9 through age 21, or just from age 18 through 21?
How would the mother calculate the amount she should be suing for since there was no stipulation for support?
Further, the father had a life insurance policy at his employer, could the mother halt the payment to that beneficiary pending this suit (the estate does not have much value)?
Finally, the father refused to pay for the child's education after 10th grade, therefore the child went to public school. And the father did not pay for the child's college education for which the child assumed loans to pay for schooling. Is there any cause for suit there for the child against the estate?

When did father die? And who are you?
Father did not "trick" Mother. Mother chose to agree. Mother chose never to ask for child support. What does the divorce decree state regarding father paying for anything?

 

[Silverplum]

Foreign-born doesn't mean illiterate. It also doesn't preclude one from consulting with an attorney before signing legal papers.

 

[Ohiogal]

The major issue is Mother chose never to ask for support. She cannot now sue and ask for back support when the child is 38. I am going to guess that this is the child who feels ENTITLED to something.

 

[LdiJ]

The major issue is Mother chose never to ask for support. She cannot now sue and ask for back support when the child is 38. I am going to guess that this is the child who feels ENTITLED to something.

Yep, that is probably it. Although, dad WAS ordered to pay for the child's education. Would that be something that is still actionable after all this time?

 

[single317dad]

This might be relevant:

http://codes.lp.findlaw.com/nycode/CVP/2/211

(e) For support, alimony or maintenance. An action or proceeding to enforce any temporary order, permanent order or judgment of any court of competent jurisdiction which awards support, alimony or maintenance, regardless of whether or not arrears have been reduced to a money judgment, must be commenced within twenty years from the date of a default in payment. This section shall only apply to orders which have been entered subsequent to the date upon which this section shall become effective.

I'm not sure when that law was enacted. Since the order was made 29 years ago, it's likely some older version of SoL for support applies, for the purpose of educational expenses.

Ditto on the back support. Not happening.

What, exactly, did the order say as to when and how much the father would pay for what kind of schooling?

More importantly, why didn't the mother take father to court 22 years ago?

 

[Zigner]

This might be relevant:

http://codes.lp.findlaw.com/nycode/CVP/2/211



I'm not sure when that law was enacted. Since the order was made 29 years ago, it's likely some older version of SoL for support applies, for the purpose of educational expenses.

Ditto on the back support. Not happening.

What, exactly, did the order say as to when and how much the father would pay for what kind of schooling?

More importantly, why didn't the mother take father to court 22 years ago?

Not relevant at all. OP is not asking about collecting on a court order that was never complied with. OP is asking about having a new order instated ordering the (dead) father to pay child support retroactively.

Ain't gonna happen.

ETA: Upon re-reading, I see that I'm actually stating the same thing as you did regarding support.

 

[anearthw]

This has got to be the adult child or perhaps even cautious second wife. I can't imagine referring to myself as "foreign born", when I speak about my second language difficulties in terms of paper work.

I think this is probably the new wife?

 

[cbg]

Nah, it's the child looking for $$$$ from the estate

 

[BL]

I'm not even reading. 1984 , In the year 25 25 ..

Get over it.