Skip to main content

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.

+ Read More

Attorney answers 2

Best Answer
Posted

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.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Asker

Posted

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

Posted

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

Asker

Posted

Ok and once again thanks for your response.

Posted

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.