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 00:50:39 · 9 answers · asked by ღஜJuliஜღ 5 in Politics & Government ➔ Law & Ethics
Her death doesn't make him home free.
When someone dies and is owed money, the debt is still owed to the deceased's estate.
This is not legal advice.
2007-12-06 02:13:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on the state, but generally an asset (such as the right to pursue a debt) becomes part of a decedent's estate and passes to the heirs. This may or may not be the rule in your state, however, and there may be an exception for back child support. Moreover, if the kids are in their thirties now, there may be a statute of limitations which would prevent collection of this debt regardless.
To get a reliable answer to your question, you may need to consult with an attorney in your area. But answers to these questions are not terribly complex, and you shouldn't have to spend too much to get some peace of mind. On the other hand, until someone brings an action against you, you probably have nothing to lose by taking a "wait and see" attitude. The ball is in the court of your ex-wife's heirs.
2007-12-06 00:59:45 · answer #2 · answered by nycityboy1234 3 · 1⤊ 0⤋
Good question. If under the law of the state in which the arrearage order was issued, an arrearage is an asset of the payee's estate, then yes; the balance is owed to the estate. Speak to an attorney in your state for a definitive answer.
2007-12-06 01:49:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the state contributed due to you being behind, you would still have to pay back and it will go to the state. The child support was for the children so if your deceased wife had an estate, it would go to the estate for the children. You can always hire an attorney and petition the court to end your obligation to pay support.
2007-12-06 01:01:11 · answer #4 · answered by Diane M 7 · 0⤊ 1⤋
Depending on what state this occurred in I believe the children can sue for there back child support. So it is possible that he may still owe.
2007-12-06 00:56:52 · answer #5 · answered by wtpd601 2 · 1⤊ 0⤋
Depends on the State. If the "children" are in their 30's, this tells me it is arrearage payments. To my way of thinking, this is a legal (court ordered) debt that would need to be paid. If the Mother died before the kids were 18, would he not have to continue paying?
2007-12-06 01:51:03 · answer #6 · answered by sensible_man 7 · 0⤊ 1⤋
Does he have to? No I don't think so.
However the children who essentially got the short end of the stick probably could. As one of the previous yahoos stated it depends on where you live. Good luck!
2007-12-06 01:07:46 · answer #7 · answered by Super PI 6 · 0⤊ 1⤋
NO! Talk to a judge advocate you are getting railroaded.GOOD LUCK,MAN.
2007-12-06 01:04:49 · answer #8 · answered by one10soldier 6 · 0⤊ 2⤋
see a lawyer for an answer,.....
2007-12-06 00:57:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋