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Arrearages and SS Survivors benefits

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Junior Member
What is the name of your state? NY

I divorced about 30 years ago and my kids are grown, but I'm owed a large arrearage by my ex. He lives in the Midwest, is remarried and has a young child. His father died in his 30s, my ex is nearly 60.

If he dies before I get my arrears paid to me, his kid will be entitled to SS Survivors benefits, right? Does anything toward my arrearage come out of that?


Senior Member
Your kids will not be entitled to SS benefits. They are only paid if a child is under the age of 18 and to the age of 18.


Junior Member
Sorry if I wasn't clear.

Ok. I read here that SS Benefits can be garnished for CS arrearages. If he dies before he starts collecting SS, and I am still entitled to my arrearage when he dies, can what He owes me be garnished out of SS Survivor Benefits from him, or do I get nothing, and his kid keeps collecting?

Also, if he dies and I'm still owed, how do I know what was HIS property in art, jewelry and other personal property, so I can make a claim, as he does not seem to use banks and I have the right to get paid out of his estate?

Lil Miss Smarty Panties

I think you might need to look into the state statute of limitations. If you are still entitled to those arrears after all these years, you can sue his estate for the arrearages when he dies.


Senior Member
Smarty is right you can sue his estate. I misread that he had a young child. His wife and his child would get his SS benefits but it is HIGHLY unlikely you would receive ANY of that money. They can not garnish SS for CS so I don't see that they could garnish it for arrearage. The SS is or will be the young childs money, and the money of his wife to support the child. That be like having his wife pay his CP which isn't going to happen.

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