Past Child Support

[susiebelle]

My Husband of 24 years passed away 5 months
ago. I am trying to settle his estate.
His grown children , 41,42, 43, have entered a claim for back child support.
Is there a statue of limitions for child support?
I am in Tennessee
My E mail: [email protected]

I sent you this message July 20. and received your reply. Today I got from the probate court, A notice to take proof, and
order of reference. My lawyer says he has
a "sign off" notice that the child support was paid.
My case was sent to Chancery Court and that judge referred it back to Probate Court.
It seems that they have a vengence to get money from me, and will stop at nothing.
I wonder why it has to go this far , if there is evidence that he did pay child support. This is beginning to cost me money that I can ill afford!


[This message has been edited by susiebelle (edited August 18, 2000).]

 

[usdeeper]

A claim for child support for people who are over 40 years old ??.. Is there any more info to this ?

 

[susiebelle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by susiebelle:
My Husband of 24 years passed away 5 months
ago. I am trying to settle his estate.
His grown children , 41,42, 43, have entered a claim for back child support.
Is there a statue of limitions for child support?
I am in Tennessee
My E mail: [email protected]
No, There is no other information, I just received the court notices of back child support! These adults never said anything while my husband was living. I didnt know if child support has limitions. [This message has been edited by susiebelle (edited July 20, 2000).]<HR></BLOCKQUOTE>

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by susiebelle:
My Husband of 24 years passed away 5 months
ago. I am trying to settle his estate.
His grown children , 41,42, 43, have entered a claim for back child support.
Is there a statue of limitions for child support?
I am in Tennessee
My E mail: [email protected]


[This message has been edited by susiebelle (edited July 20, 2000).]<HR></BLOCKQUOTE>


My response:

Let's assume, for just the moment, that children of an obligor parent (the one paying support) have a right to claim child support. In Tennessee, there has been, for the past 100 plus years, a 6 year Statute of Limitations on written and oral agreements. That means, since child support normally stops at age 18, theoretically, their rights to the money would have ended at age 24 (or 6 years "after" the age of 18).

I find it interesting, and a bit funny if it weren't so sad, that they feel they are entitled to child support monies. I'd like to know who the "ringleader" of that less-than-brilliant brainstorm was? I'll explain:

Child support is only for the benefit of a child, and the child has no "direct" rights to the money from an obligor parent (the one who pays). The only people who can make claims against each other are the "Obligee" (the parent who receives child support) and the "Obligor" (the one who pays child support). If the Obligee fails to take steps to collect the child support, or in some other fashion fails to obtain the child support, then that is the problem of the Obligee. The contract or agreement NEVER directly inurs to the benefit of a supported child. So, since one of the parents failed to obtain the child support, the Obligor (or the Estate of the Obligor) NEVER becomes directly liable to a child for past child support money.

It's a long shot, but I'll bet "dollars to dimes", that whomever came up with this bright idea among the 3 adult children never spoke to an attorney. I can hear the conversation now:

"Hey, Dad never paid child support, and owed Mom thousands of dollars - - let's go after it!! - - Yeah, let's do it !! Hooray, Hooray, we're rich!! Let's make a claim against the Estate."

Guess what? The claim should be denied by you and let them take their idiotic claim to court and have a judge tell them they're "nuts" - - assumining it even gets past the "pleading stage", because their claims wouldn't even withstand a Demurrer or Motion to Strike.

Deny their claims.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 20, 2000).]

 

[susiebelle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by susiebelle:
My Husband of 24 years passed away 5 months
ago. I am trying to settle his estate.
His grown children , 41,42, 43, have entered a claim for back child support.
Is there a statue of limitions for child support?
I am in Tennessee
My E mail: [email protected]
Thank you, I am allways Liable, You have given me a little hope. I am retaining a lawyer tomorrow. You are right about the conversation, Re: Lets get Dad's money!
One child he hasnt seen since the divorce, and the others were purposely left out of his will, because he never saw them, and they live on the next street!! My husband was a paraplegic, and had a hard life.! thank you again!

[This message has been edited by susiebelle (edited July 20, 2000).]<HR></BLOCKQUOTE>

 

[I AM ALWAYS LIABLE]

Susiebelle:

You're not getting through. Please keep trying.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[susiebelle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
Susiebelle:

You're not getting through. Please keep trying.
I hope im getting thru now. I said, Thank you very much, you have given me hope. I am seeing an attorney tomorrow. Thanks again!!
IAAL

<HR></BLOCKQUOTE>

 

[usdeeper]

I am glad you answered this IAAL.. The thought of a 40 year old trying to claim back child support just stunned me ..

 

[susiebelle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by susiebelle:
My Husband of 24 years passed away 5 months
ago. I am trying to settle his estate.
His grown children , 41,42, 43, have entered a claim for back child support.
Is there a statue of limitions for child support?
I am in Tennessee
My E mail: [email protected]


[This message has been edited by susiebelle (edited July 20, 2000).]<HR></BLOCKQUOTE>