child support arrearages

[nickjames]

This is in regard to a dependent administration in Texas. An authenticated, unsecured claim was presented to the estate for back child support over a year ago (the arrearage was not reduced to judgment). For whatever reason, this was not paid by the estate in 30 days and no suit was filed. Now, the estate is about to be closed out and the claimant is now asking for the estate to pay this back child support. It is my understanding that an unsecured claim is barred if not paid out in 30 days and if not sued on in 90 days. The Texas Probate Code states that child support arrearages shall be paid out of the estate if they are reduced to judgment. My question is this: can the claimant now go to family court and reduce this child support to a judgment and present it to the estate? Or is the claim barred because it was presented before and rejected? More specifically, is child support treated differently from other unsecured claims so that it doesn't matter if it was brought before as an unsecured claim?

 

[seniorjudge]

This is in regard to a dependent administration in Texas. An authenticated, unsecured claim was presented to the estate for back child support over a year ago (the arrearage was not reduced to judgment). For whatever reason, this was not paid by the estate in 30 days and no suit was filed. Now, the estate is about to be closed out and the claimant is now asking for the estate to pay this back child support. It is my understanding that an unsecured claim is barred if not paid out in 30 days and if not sued on in 90 days. The Texas Probate Code states that child support arrearages shall be paid out of the estate if they are reduced to judgment. My question is this: can the claimant now go to family court and reduce this child support to a judgment and present it to the estate? Or is the claim barred because it was presented before and rejected? More specifically, is child support treated differently from other unsecured claims so that it doesn't matter if it was brought before as an unsecured claim?

What do you mean that the child support had not been reduced to judgment?

Where did the child support come from in the first place?

From a judgment in a dissolution of marriage lawsuit?

If so, then the child support had been reduced to a judgment.

 

[nickjames]

When child support is in arrears, you have to go the family court and tell the judge the amount that is delinquent. The judge then issues a judgment for the amount that is delinquent. It's just like any other judgment.

 

[seniorjudge]

When child support is in arrears, you have to go the family court and tell the judge the amount that is delinquent. The judge then issues a judgment for the amount that is delinquent. It's just like any other judgment.

Back up there, Nick.

For child support to be in ARREARS, there has to be a judgment that is being paid upon.

So answer the questions....

 

[nickjames]

I think I see what your're getting at. Are you making a distinction between delinquent and arrears? What I am referring to is delinquent child support that hasn't been paid per the divorce decree. However, the language in the probate code states "child support arrearages that have been reduced to judgment." I think the code is just referring to delinquent child support. Is that what you mean?

 

[seniorjudge]

...
Where did the child support come from in the first place?

From a judgment in a dissolution of marriage lawsuit?

...

Please answer these questions...thanks.

I think (that is, I guess) what the probate code is talking about means that if I am paying child support and I get behind, you (the recipient of the child support) has to get to court before I die so the court can determine how much I am behind.

I would think (that is, guess) that whatever child support I owed on the day of my death could be gotten from my estate.

That is because when I got divorced, the judge said you owe $X amount of child support per month. That...to my way of thinking...means that the child support has been reduced to a judgment.

 

[Dandy Don]

This is a matter of such great financial importance that you need to be discussing it with a local Texas attorney (since you are unlikely to find one here), and you may also want to post it on www.lawguru.com, another legal advice website where you are sure to get responses from local professional attorneys if you happen to mention what county is applicable.

And if I were you I would also bring it up with the local child support state/county government office who probably has an attorney on staff experienced with filing claims for delinquent child support and may be able to advise you exactly what to do.

Just because the child support was mentioned in the decree does NOT mean it has been reduced to judgement which is a separate matter.

DANDY DON IN OKLAHOMA ([email protected])