Back child support for half-sibling??

[carmendick]

What is the name of your state (only U.S. law)? MI, NY or PA

One of my parents has children from a previous marriage (sometime between 1967-1975), from either PA, MI or NY. I have not met the children (now grown adults). I'm not even sure they know about my sibling and I. I'mn ot even sure my if my parent has terminated his/her parental rights. (No one will discuss this with me, and parents are getting older...)

What is the statute of limitations on collecting back child support, assuming they have not been adopted by a step-parent? If they have been adopted by a step-parent, do they forfeit their right to collect? Also, can they file a claim against an estate, once the parent dies? Would it be best to will them a specific amount ($1.00) or best not to will them anything at all?

 

[meanyjack]

Generally speaking, if there was never an order for support, then there was never a legal obligation for the other parent to financially support said child(ren).

Therefore, someone can't go back after the child(ren) have reached the age of maturity and file, thinking they can get back support -- as if it's some "reserve" just waiting to cash in.

 

[carmendick]

How do you find out if there was an order for support entered? I know my parent was married to the other parent, and are now divorced. I have no idea what state it was in, and my parent will not discuss any of it. I'm not looking to build a relationship with these people, I'm really just trying to look out for my parent's best interests...

 

[mistoffolees]

How do you find out if there was an order for support entered? I know my parent was married to the other parent, and are now divorced. I have no idea what state it was in, and my parent will not discuss any of it. I'm not looking to build a relationship with these people, I'm really just trying to look out for my parent's best interests...

Stay out of it. It's not your business and your parents don't want to discuss it with you. Stop meddling.

 

[carmendick]

Trust me when I tell you, this is the last thing I'd rather be doing... There is a lot at stake here, and I want to cover bases. If parent passes, I want to know how much of a mess there is going to be, that **I** will end up having to clean up.

 

[mistoffolees]

Trust me when I tell you, this is the last thing I'd rather be doing... There is a lot at stake here, and I want to cover bases. If parent passes, I want to know how much of a mess there is going to be, that **I** will end up having to clean up.

Turn it over to an attorney. You're getting dangerously close to practicing law without a license.

 

[BL]

Who are you asking about collecting , the adult children ,or their parents ?

If the children ,forget about it ,CS goes to a parent .

If a parent ,I'd still say forget about it .If the parent hasn't wanted to try to enforce it all these years ,it's doubtful they can now .

 

[carmendick]

I'm inquiring about the possibility of the adult children attempting to collect once the parent passes. I worked for an attorney for years, you'd be surprised who comes out of the woodwork once someone passes, and if money is still legaly owed at that point, I guess what I'm asking is, if they would even be able to collect, since it's been 30+ years. And if they ARE able to collect, would it be best for my parent to put something in his estate plan, giving them only a small amount of $, so then they can't say that they were cut out of the Will. (I've seen this happen -- it's messy, costly, and time consuming.)

 

[Zigner]

If the parent of the children in question has passed, it's possible that the past-due child support is still owed to the estate. If that is the case, why SHOULDN'T it be paid?

 

[mistoffolees]

I'm inquiring about the possibility of the adult children attempting to collect once the parent passes. I worked for an attorney for years, you'd be surprised who comes out of the woodwork once someone passes, and if money is still legaly owed at that point, I guess what I'm asking is, if they would even be able to collect, since it's been 30+ years. And if they ARE able to collect, would it be best for my parent to put something in his estate plan, giving them only a small amount of $, so then they can't say that they were cut out of the Will. (I've seen this happen -- it's messy, costly, and time consuming.)

Once again, you're getting dangerously close to practicing law without a license.

You're also wrong in almost all of your assumptions.

First, child support obligations do not go away. Ever. Now, some states allow someone to use "they never tried to collect" as a defense, but that would depend on the laws in your state.

Second, if there IS a child support obligation in effect, giving them a small amount of money will not make the obligation go away.

Third, the money is not obligated to the kids. It would be obligated to the parents. If the parents have passed away, the money would be obligated to the estate, but such a claim should have been made when the estate was settled.

Once again, you're asking for trouble. Give it to an attorney to handle.

 

[BL]

I'm inquiring about the possibility of the adult children attempting to collect once the parent passes. I worked for an attorney for years, you'd be surprised who comes out of the woodwork once someone passes, and if money is still legaly owed at that point, I guess what I'm asking is, if they would even be able to collect, since it's been 30+ years. And if they ARE able to collect, would it be best for my parent to put something in his estate plan, giving them only a small amount of $, so then they can't say that they were cut out of the Will. (I've seen this happen -- it's messy, costly, and time consuming.)

If the parent hasn't reduced the arrears to a Judgment by the time they pass , then there's nothing to put a lien on from the Obligor's estate.

I don't know where you get willing CS payments to the adult children from .

You are way over your head ,and was said , you would need to run it by an attorney .

 

[carmendick]

I'm not attempting to practice anything. I am not an attorney. I do not want to practice anything. I'm inquiring about possibilities so I can get my parent to consult an attorney on this to cover his/her bases. I would prefer to know what kind of headache I'm going to be in for once my parent passes. It'll be hard enough dealing with the loss of my parent, let alone this crap.

 

[TinkerBelleLuvr]

Once again, you're getting dangerously close to practicing law without a license.

You're also wrong in almost all of your assumptions.

First, child support obligations do not go away. Ever. Now, some states allow someone to use "they never tried to collect" as a defense, but that would depend on the laws in your state.

Second, if there IS a child support obligation in effect, giving them a small amount of money will not make the obligation go away.

Third, the money is not obligated to the kids. It would be obligated to the parents. If the parents have passed away, the money would be obligated to the estate, but such a claim should have been made when the estate was settled.

Once again, you're asking for trouble. Give it to an attorney to handle.

Depending on when the child support order is from and when, some of them actually DO expire. My neighbor has faced that situation. She waited too long to get the court ordered support and now it is no longer collectible.

http://www.childsupportguidelines.com/articles/art200103.html

 

[mistoffolees]

I'm not attempting to practice anything. I am not an attorney. I do not want to practice anything. I'm inquiring about possibilities so I can get my parent to consult an attorney on this to cover his/her bases. I would prefer to know what kind of headache I'm going to be in for once my parent passes. It'll be hard enough dealing with the loss of my parent, let alone this crap.

You're talking about suggesting changes to their will. Depending on how you do that, you may be overstepping your legal bounds.

And you already got enough information to try to convince your parents to consult with an attorney. A child support obligation MAY be filed against the estate under some circumstances. Tell them that - and then beyond that, it's none of your business. NONE.

Sounds to me like you're more concerned about protecting your share of the estate than protecting your parents. They don't seem to be concerned and all you want to know is how it affects the estate.

Have them come here and ask their own questions. You clearly don't have the facts required for a good answer.

Depending on when the child support order is from and when, some of them actually DO expire. My neighbor has faced that situation. She waited too long to get the court ordered support and now it is no longer collectible.

SupportGuidelines.com | Article: UIFSA and Statutes of Limitations

Interesting. Then I'll change my answer. Since we don't know what state or what kids might be involved or when any claim was filed, it's POSSIBLE that there's an obligation that would still be in effect against the estate.

And it's still none of OP's business.

 

[happybug]

It also sounds to me like you are trying to protect "your" profits from the estate rather than do anything to help your parent. Do you feel you are more related to your parent than your half siblings?