Does a man still have to pay back child support to an ex spouse who has passed away? Kids are in their 30's now.
2007-12-06 00:49:27 · 20 answers · asked by ღஜJuliஜღ 5 in Family & Relationships ➔ Marriage & Divorce
When you say "pay back" - I presume this is child support which is owed from previously. In this case its just like any other debt, which can be recovered by a deceased person's estate from the debtor by his/her executors.
If there is a record of the man owing it to his spouse (regardless of who it is intended for / for the benefit of / etc) it will be recoverable from him.
If the amount is substantial, obviously, see a lawyer.
2007-12-06 01:07:43 · answer #1 · answered by Graham 3 · 0⤊ 0⤋
WOW he must have not paid one dime while the kids were growing up-how sad! The oldest I had ever heard of was that a man was paying and the son was 24 years old. He could file a petition to have the support order suspended, however, I suspect that the Court will order that he continue paying, and the money be divided equally among the adult children. Child support is paid for the benefit of the CHILDREN not the ex-spouse. There are kids who live with grandparents and the surviving parent pays support to the grandparents-the support is not contingent on whether or not the ex-spouse lives, but the children.
2007-12-06 00:57:24 · answer #2 · answered by Daisy 3 · 0⤊ 0⤋
Child support is only meant to go to or for the care of the children. If the ex-wife is dead, then the monies go to the children IF they persue the matter. The ex-wife was only there to recieve the monies, and use it as need be for the children, as their guardian.
Child support is not under the table Alimony. It should never be used for the ex-wives, when it is solely there for the children. If the father has back child support, and his children are now in there 30's... I sure hope he's gotten it together by now. The children can even ask for interest, and monies for damages... also, its not always up to the children. The state may persue the issue on its own.
Good luck
2007-12-06 07:07:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
depends on which state you live in and if how far behind he was on his child support. some states make you pay it back even if the kid turns 18 if you were behind. or was it in the divorce he had to put them thru college or a tech. school? look into it. have a attorney do it for you.
2007-12-06 01:01:01 · answer #4 · answered by joes_mom86 5 · 0⤊ 0⤋
If she collected aid from the government because you weren't paying yes you still owe the government til it is all paid back.
2007-12-06 00:59:22 · answer #5 · answered by Larry E 7 · 0⤊ 0⤋
Talk to an attorney about whether the money is still owed to her estate.
2007-12-06 00:55:09 · answer #6 · answered by LoFlo 4 · 0⤊ 0⤋
Yes, it would go into the estate. The debt is not gone just because someone has passed away.
2007-12-06 01:14:51 · answer #7 · answered by Bears Mom 7 · 0⤊ 0⤋
If he skipped out on it years ago and is court-ordered to repay the owed amount, I would think it would go to her estate to be divided among her heirs. This smells VERY fishy to me; who's telling this story and what does he have to gain?????
2007-12-06 00:59:26 · answer #8 · answered by Gina C 6 · 0⤊ 0⤋
Since the money was intended for the kids and not the mother, I bet the answer is yes. Deadbeat.
2007-12-06 00:54:07 · answer #9 · answered by Anonymous · 4⤊ 0⤋
i would think the money was for the kids and they would still get it but then again i'm no lawyer you may need to talk to an attorney
2007-12-06 00:54:35 · answer #10 · answered by Ali 3 · 0⤊ 0⤋