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My mom is deceased, how can i obtain the back child support my dad owes?

Augusta, GA |

I am 17 and will be 18 next month. I also live on my own.

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Attorney answers 2


Assuming that you could produce the financial records to prove the exact arrearage amount (and hopefully your mother kept a detailed journal every week, or month with exact amounts and dates) and assuming there is a court order for support, your mother's estate has a right to collect any debt owed to it, including child support.

If she left a will, the executor named in that will, after being sworn in by the court, could attempt, likely by lawsuit, to collect.

If there was no will, the administrator of her estate could pursue the amounts. You might seek to become one once you turned 18.

Before doing anything, show a lawyer what records you have, any will, and other pertinent information to determine if this is worth spending legal fees on. If your mother couldn't collect, it may be harder to collect now. Let a lawyer assess the chances and go from there.

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thank you for your response and i have one more question. I don't have any court orders because they were destroyed (by water damage) , would i be able to go to the child support office and get some type of proof?

Glen Edward Ashman

Glen Edward Ashman


Either the child support office or the court issuing the order should have copies.



Ok and once again thanks for your response.


I agree with Mr. Ashman's response. You'll want to take whatever details and documentation you have to consult with an attorney. However, without knowing the facts of your mother's estate, distribution of the estate is a big question. Did your mother have a will, will and a trust, are you a beneficiary under those documents or were you disinherited in those documents, if they exist? There are a lot of details that you need to review with local counsel for guidance.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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