Recently, my ex-husband passed away, owing around $6,000 in child support. Last year, to help pay on the arrearage at that point, I received his income tax return. I should have received it again this year. However, his widow filed his return and received his return.
Is this right? Is there anything that can be done?
2007-05-04 07:57:46 · 11 answers · asked by ammecalo 3 in Politics & Government ➔ Law & Ethics
I am NOT a welfare mother. I am very well educated and a school teacher. However, this money is still owed to my children, whether this man is alive or dead. I am concerned that someone else is receiving what rightfully belongs to my children.
2007-05-04 08:17:09 · update #1
Talk to your child support agency enforcing your case. His estate should pay off that debt. And she would've had to file a joint return with your ex if he lived during 06--so you should've been entitled to at least 1/2 that refund.
Also, have you filed with social security for survivor's benefits for your children? This will pay your support payment now until your children are emancipated. AND if you were married to him for more than 10 years and are not remarried, you may also be entitled to a benefit--without reducing his other spouses benefit.
Our well meaning professor under me is misinformed. You can not force a decedent to work and thus support will stop. You should have been entitled to 1/2 the tax return--I know we (Child support enforcement) do it all the time.....
2007-05-05 14:32:44 · answer #1 · answered by Cherie 6 · 0⤊ 0⤋
problem being you are not giving enough information to answer this in detail. you are saying there is a widow, thus implying he was remarried and she filed the tax return. once again assuming that they file jointly you have the burden of showing which actual part of the return would belong to you IF he had filed married separate.
in order to go forward with this, it is important to know if his estate was probated or not.
obviously child support ceases with the death of a parent.
your problem here is that it seems to me there is not a whole lot of money - otherwise why would he have been in arrears? free advice - by the time you pay for counsel and get all the discovery done, chances are you are spending more than you can possibly recover
2007-05-04 08:47:04 · answer #2 · answered by jandrkeller 4 · 0⤊ 0⤋
Wow-I can't believe the abusive answer you got. What would make someone assume you're on welfare? Past due child support is an obligation that cannot be forgiven. This money is owed to you and you should consult an attorney. You can recover from your ex's estate if he had assets. You can recover the portion of the inheritance his widow received that equals your arrearages. Obviously, you cannot receive any more support for the time after he died. I will caution you that its possible you have waited too long if his estate was probated to get everything you were owed. However, you can still sue his widow for the amount of the tax return.
2007-05-04 08:10:39 · answer #3 · answered by David M 7 · 0⤊ 3⤋
Believe me, I know a whole lot more about this than I should have to.
That said, several respondents are wrong in their answers. For example, child support does not normally cease upon the death of either parent, child support is owed to the child (although payable to the custodial parent), and any discussion about half of a tax return and filing separately is misguided.
You must not ask for legal advice here in Yahoo! Answers where the average age of the participants seems to be about 12.
The only good advice (besides mine) you've gotten is the advice about contacting the state agency responsible for handling child support in your state.
Good luck.
2007-05-05 17:51:22 · answer #4 · answered by Sgt Pepper 5 · 0⤊ 1⤋
You need to consult a lawyer. Quickly. If it is true that there was malpractice involved, then you too can independently sue the hospital. You could have also make a creditor's claim against your father's estate, but my guess is that it's too late now, considering he died a year and a half ago. You should have done something about this a year and a half ago. Talk to a lawyer.
2016-05-20 06:30:23 · answer #5 · answered by ? 3 · 0⤊ 0⤋
1) If he is deceased apply for social security death benefits for your children.
2) Discuss the estate with an attorney who may have to file paperwork with the Estate office to collect the money owed to you.
3) Call your local Estates office and ask them how you might try to collect this money if you cannot afford an attorney.
2007-05-06 16:21:12 · answer #6 · answered by curious74432 3 · 0⤊ 0⤋
If there was no money in his estate, you probably won't get very far.
However, have you checked with Social Security? If your child is still a minor, I think he or she would be entitled to benefits. I believe the benefits for a minor child are in the neighborhood of $700 to $800 a month. Check with your neighborhood SSA office.
2007-05-04 08:05:50 · answer #7 · answered by CGordo 4 · 2⤊ 1⤋
not sure where you are from but you need to see a lawyer...normally child support orders done through the Courts make a provision for this....and on a side note to Eagle...let the man rest??? why should a man's child suffer because the man couldn't be man enough to make sure that he/she was taken care of.
2007-05-04 08:07:04 · answer #8 · answered by Red 2 · 1⤊ 0⤋
I hate to say it, but if you want his money get a lawyer. However, since he's passed away, I really don't think there is much you can do.
2007-05-04 08:07:30 · answer #9 · answered by Anonymous · 0⤊ 2⤋
I have a new website with legal resources..check it out...
2007-05-04 08:06:16 · answer #10 · answered by Anonymous · 0⤊ 0⤋