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back child support owed at time of death

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pturner

Junior Member
What is the name of your state?What is the name of your state? Ohio
I am trying to find out if I can recieve the back child support owed to me at the time of my ex-husbands death. Child support says they cannot help me recieve it, and says I might not ever see the money. My ex-husband remarried 4 months before he died, and he had no will. I know he has a retirement from work and they had a house. I would think this money would have to be paid to me like any debt at the time of ones death. What do I have to do to recieve this money? Any help would be apprecitated
 


BelizeBreeze

Senior Member
pturner said:
What is the name of your state?What is the name of your state? Ohio
I am trying to find out if I can recieve the back child support owed to me at the time of my ex-husbands death. Child support says they cannot help me recieve it, and says I might not ever see the money. My ex-husband remarried 4 months before he died, and he had no will. I know he has a retirement from work and they had a house. I would think this money would have to be paid to me like any debt at the time of ones death. What do I have to do to recieve this money? Any help would be apprecitated
First answer this question. Do you have a valid child support order from a court?
 

BelizeBreeze

Senior Member
In that case you need to file a claim against the estate both in your own name and in your child's name as an heir.

Ohio Intestate Succession Laws
If any part of an Ohio decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If there are no children of decedent or their lineal descendants, or if all of decedent's children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.

If there is one child of the decedent or the child's lineal descendants survive and the surviving spouse is not the natural or adoptive parent of the decedent's child, the surviving spouse is entitled to the first $20,000 plus one-half of the balance of the intestate estate. The remainder goes to the child or the child's lineal descendants, per stirpes.

If there is a spouse and more than one child or their lineal descendants surviving, the surviving spouse gets the first $60,000 if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first $20,000 if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate. The remainder goes to the children equally, or to the lineal descendants of any deceased child, per stirpes.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

Decedent's children or their lineal descendants, per stirpes.
Decedent's parent or parents equally.

Decedent's brothers and sisters or their lineal descendants, per stirpes.
One-half to the paternal grandparents of the decedent equally, or to the survivor of them, and one-half to the maternal grandparents of the decedent equally, or to the survivor of them.

One-half to the lineal descendants of the deceased grandparents, per stirpes. If there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes. If there are no surviving grandparents or their lineal descendants, then generally to the next of kin of the decedent.

Stepchildren or their lineal descendants, per stirpes.

3. State of Ohio. If there is no taker under any of the above provisions, the intestate estate escheats (i.e., reverts or passes) to the state of Ohio. Personal property is collected and paid over to the county treasurer of the county where the estate is administered for use in the county's school fund. Any real property located within the state is sold and the proceeds are split between state and local coffers.
 

nextwife

Senior Member
Be aware that Breezy is only referring to those assets that would pass through the estate, NOT those assets that pass outside the estate. For example, if he owned the home as a Jt Tenant WROS, the home automatically passes to the surviving jt. tenant OUTSIDE probate. Unless you have placed a CS lien on the house, it would legally be able to pass to Jt Tenant at death. Same with certain joint ownership of bank accounts. And life insurance passes outside probate.
 
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Dandy Don

Senior Member
The child support department doesn't necessarily have to file the claim but it would help if you could ask them to give you an estimated or exact statement of exactly how much in total is due up to the time of his death.

You need to consult an attorney to know how to properly file the claim.

Also it is possible that he may have designated a specific beneficiary to receive the retirement account money, so you need to find out if there is a beneficiary or if this money will go into his estate if he didn't name a beneficiary. IF he named a beneficiary then the money is payable directly to that person and will not go into his estate. Hopefully there are other assets in the estate that will go towards helping pay you what you are owed.

Best of luck to you in getting something for your child.
 

pturner

Junior Member
thank you so much for you advice I really need some help with this and am very grateful for help, I need this money for my son.
 

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