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Collecting Back Child Support

Category Child Support
Collecting back child support from the noncustodial parent can many times be a challenge. This is a guide about collecting back child support.
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By 0 found this helpful
February 25, 2018

My sons' father recently passed away' They are 40 and 37. Dad never paid a dime of child support. Sister is beneficiary on the IRA. Shouldn't that go to the sons? Also what about Social Security?

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February 26, 20180 found this helpful
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Your sons are too old to get survivor benefits from Social Security. It is my understanding that a person can choose anyone they want to be the beneficiary of their IRA. It doesnt even have to be their spouse.

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February 26, 20180 found this helpful
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The beneficiary he selected can be any person he chooses after he passes.

As far as social security, up to age 18/19 (if still in elementary or secondary school full time) or disabled before 22 and remain disabled.

Reference: www.ssa.gov/.../onyourown4.html

Too late to collect any money.

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February 26, 20180 found this helpful
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It is sad that you did not pursue getting child support when your sons were younger but perhaps you had your reasons at that time. Or perhaps you tried and no funds were available?

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  • If their father had no other assets then there will not be any funds available to them.
  • Social Security survivor benefits are paid to help support children under 18/19 years of age (or disabled before age 22).
  • There is a $255 death benefit from SS but it does not appear you or your sons qualify.
  • You can check this site for SS information.
  • www.thebalance.com/who-is-eligible-for-a-social-security...
  • You may be able to collect SS benefits from your husband's earnings when you reach retirement age but that would only help you if the his benefit was higher than your own.
  • An IRA account can be signed over to anyone and does not have to be a family member.
  • If your husband had other assets then you and your sons could hire an attorney to look into whether anything could be awarded to you for any unpaid back support.
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February 26, 20180 found this helpful
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Your children are adults now and it is way too late to think about child support now. You should have done this 30 years ago. As for an IRA, he doesn't have to leave it to his kids. He can leave this to anyone he wants.

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You don't have a case now and there is nothing you can do any longer. I had to deal with this. My daughter's father never paid child support and was absent from her life until she was 37. There is nothing I can do or anyone can do to make him pay now.

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January 24, 2017

My ex-husband had his bank account frozen for back child support. How long will it take for me to see any of that money?

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January 25, 20170 found this helpful
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Freezing the account only means he can't take money out of it. It may not help you any at all. The main factor here is how much money was in his account. If he owes you $20000 in back support, but only has $236 in the account, it doesn't do you much good. You will need to talk to the court.

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By 0 found this helpful
February 27, 2018

My ex-husband told me they took out 5,000.00 for back child support from his lump sum payment along with continuing to take out $136.00 a month until back support is paid. My question is when in the world will I receive it? It's been almost 2 months now and I called my support office and they know nothing.

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I am on SSI now, but that shouldn't keep me from receiving what's owed or does it? Nobody can tell me anything or if it takes awhile. I have never received a TANF check, but I did get help with food stamps and a medical card for my child back when he wasn't paying. She's in her twenties now and I would think they would give me back support. I just need to know how long they hold it before contacting the Department of Jobs and Family Services.

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February 28, 20180 found this helpful
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You should go to your local Social Security office as soon as possible because once that back payment check is cashed it will be very difficult to obtain any of those funds.

I am not sure if your husband is telling you the truth but if you have not had any communication from the Social Security office then you most likely are not in line for that check.

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You do not need anything from your husband so do not wait until time has passed and you miss out on what should be yours.
Do you know who filed papers with the SS office for you to be able to receive a payment of any kind?
Do you have any paperwork from the SS office saying you will receive anything?
All of this is what you would have received if benefits were going to be paid to you.
Go to your SS office ASAP. Please do not wait to get any kind of papers from anyone - you are the one that can get this information from the SSA.
You do not need proof of anything except your SS number as well as your husbands (if you have it) and your child's SS number.

I would really be surprised if they have anything on record about your case but then sometimes government agencies are slow but you need to know and they are the only people who can tell you.

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August 12, 20120 found this helpful

How I do I go about receiving owed child support payments from my father at the age of 23 even though my mom is dead and now he wants her death certificate to obtain his license back after suspension?

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By Shay

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August 14, 20120 found this helpful
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Do not give him the needed death certificate. Contact Legal Aid services in your community to get good advice. It's usually free. The deadbeat may be able to get the death certificate without getting it from you so beat him to the punch and file for the money that is due you first.

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August 15, 20120 found this helpful
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Call the Attorney Generals office in your state and ask. I doubt you can get back child support but they should be able to tell you. Or, ask the question in your search engine but be sure to include what state you need info for.

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By 0 found this helpful
May 8, 2018

If I am 20 years old and my father pays my mother back child support is there a way I can go after that for me to receive it instead of my mother? I live in New Jersey.

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May 11, 20180 found this helpful
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The back support that your mother is receiving is money that should have been paid for your care when you were younger (under 18-19). So I believe the answer to your question would be - no - you would not have any legal right to those payments.

  • I believe the first question would be - did you live with your mother during those years? Did she provide you a place to live, food, clothing and other things that you needed?
  • If you did not live with her then whoever provided those things would be the next person in line to ask for the "back payments" as you were only the recipient and not the provider.
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April 6, 20150 found this helpful

My mother was owed tens of thousands of dollars in child support. This was between 25 to 35 years ago. Back then in Philadelphia there was no enforcement. My father was murdered about 10 years ago and would have been about 75 today. Can my mother collect anything from Social Security or any back pay? They were married 20 years.

By Rich

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April 6, 20150 found this helpful
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Only the Social Security Administration can answer your questions. You can find some information via their website but should have all of your questions answered by visiting their local office.

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By 0 found this helpful
May 21, 2018

My father paid all of his child support to my mother who had passed away in 2012. Someone recently told me that there is a list with my mother's name on it for child support back pay and they could not contact her to give her the money they were holding. I went to the child support offices in my county, they told me something about taking it to court and for what I really don't know.

I'm of age now, I'm her only child. That money should go to me, I am trying to support my own home and that money that has just been sitting there. It would really come in handy. If anyone knows what I can do to get them to hand over my money that would be amazing!

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By 0 found this helpful
February 6, 2017

I raised my grandson from 3 months to 11 years. At the 11th year Steven moved in with his mother.

Years later I located the father of my grandson. We all did the kumbaya thing, etc., I told him that I wanted him to help Steven and put him through a trade school. 6 years later and after many heated arguments Steven is going to a trade school, but his father has stuck him with half the bill.

Long story short, can I collect child support from the father for the years of his life that I totally supported him? He has a good business and his wife is well placed in medical science.

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By 0 found this helpful
April 12, 2016

I have a question and hope you guys can help. I'm 28 and I found my dad. I would like to know can I still charge him for unpaid child support?

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April 13, 20160 found this helpful

You can certainly try to collect past due child support, however, any state agency will probably not be interested in filing collection efforts as you are now an adult and the case is very old. They already have far too many current cases to litigate now. However, you can retain an attorney to file a legal claim of unpaid benefits. Of course, this is an expensive matter as the attorney will require a fee (retainer) up front before researching and filing a case on your behalf. Considering your eventual legal costs of a suit against your father, you must be sure that he has the money and other financial resources to win any suit against him. If he does not have money, etc., to claim, any legal action will only be worth the paper it is printed on. Good Luck.

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April 13, 20160 found this helpful

Addendum:
If you know now that your father does have significant financial resources to pay unpaid child support, you can ask your attorney to first suggest a meeting with both parties to discuss a settlement now to avoid much more legal expense on both sides in the future. If you father refuses a settlement attempt, you can then pursue formal litigation.

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April 13, 20160 found this helpful

And then there's the issue of whether you want a relationship with your dad. Going after him for money sounds to me like a great way to keep him out of your life.

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By 0 found this helpful
June 11, 2018

What can I do if my biological father owes child support that he has never paid? I am in my 30s and he is 81. He denied me in the beginning and still does, but I have the original court documents stating he is the father and has to pay a certain amount, as well as the original DNA test. I know he isn't gonna be here much longer, if he hasn't already died (I don't know). He also lives in Florida and their laws are a little different than my state. Can someone help me out with some answers?

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By 0 found this helpful
June 8, 2017

My daughter's father has not yet paid back the child support he was order to pay 13 years ago; his family has been hiding. My daughter will be 18 next month and she receives SSI. I was told from someone that he receives SS. What should I do?

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By 0 found this helpful
June 3, 2017

My daughter's father has started receiving SSDI and now my daughter is receiving 50% of what he receives. He was paying child support and he is current, now they are taking the child support away because she is receiving SSDI benefits. My question is, since he is current with his child support does she still receive the back pay?

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By 0 found this helpful
June 10, 2016

I'm currently 30. My parents divorced in 1991 or 1992 in Illinois where I currently reside. My father was ordered to pay child support and never did. He has since passed away back in 2007. He was married at the time of his passing while living out of state. Having said all this, does a chance exist of me still trying to collect back child support? Is collecting through Social Security even a legit option?

Thanks :)

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By 0 found this helpful
February 23, 2016

My son is 19. We just found out his dad has been getting disability. Can my son get back pay from his dad?

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February 23, 20160 found this helpful

You do not clarify what type of payments the father is receiving however, if he receiving SSA Disability benefits, you can contact the SSA in your area for an appointment to discuss provision of unpaid child support. Bring originals and copies of all documents regarding birth, child support orders, etc., for the appointment.

If the father receives other disability payments, you can contact the provider for information on obtaining payments for your son.

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February 24, 20160 found this helpful

I think the age limit is 18 unless a full time student or the 19 year old is disabled himself. Go to socialsecurity.gov.

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By 0 found this helpful
September 24, 2015

My daughter's father met her once, and hasn't seen her since. He gives fake addresses, switches phone numbers, and refuses to communicate. So when he stopped paying child support, it was like pulling teeth to find out why. Come to find out, he's been in the hospital for a month. I'm still not sure as to why, his condition, or for how long he's expected to be in there, because no one can give that information due to HIPPA. My question is this: If he's seriously incapacitated, such as being in a coma, what on earth do I do about the support of my daughter? Thank you for any words of wisdom you can provide, as we live under poverty guidelines and the support we receive greatly helps put food in her mouth.

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September 24, 20150 found this helpful

Unfortunately, there is very little you can do in your present situation. If your state, county or local area has programs to collect and pay child support, you can try those possibilities. Depending upon whatever arrangements were made regarding the payments, you can try discussing your problem with an attorney or Legal Aid, although Legal Aid can take forever to help you. If the father has any property or other assets, you can pursue litigation with an attorney to try to collect. This, of course, requires money to pay the attorney to search for possible assets and file actions to get payment.

I apologize for painting a rather depressing picture but from your information, it appears the father is careful with his information and, even if you paid an attorney to find possible assets, collecting on them is another expensive battle.

The only upside here is, if the father dies, you can try to collect survivor's benefits from Social Security. However, the father must have worked and paid into Social Security long enough for any benefit to be paid.

Good Luck!

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September 25, 20150 found this helpful

Addendum:
If the father is permanently unable to work because of medical problems, and has paid enough into the Social Security system, your child can collect benefits through Social Security.

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September 26, 20150 found this helpful

First - you do not make it clear whether you were married and now divorced?

If that is the case, then child support agreement should have been through the court and they should help you obtain payment.
I know this does not always work out but they should be able to help you find out condition of the father's health.

If you were not married and just had an agreement with the father, then all bets are off until you are able to prove he is the child's father.

You may be able to go to the Social Security office (with all legal information - SS numbers for all three involved, any marriage, birth and divorce documents) and explain why you want to file. They may tell you what type of information you need from his doctors.

Of course, any benefits now, or in the future, will depend on whether he worked and paid sufficient SS taxes to qualify for benefits.

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By 0 found this helpful
April 14, 2016

I'm 28 and have 2 brothers 27 and 29. We all have the same father. My mother raised us in Illinois. My dad owes 82000 in back support, but Indiana couldn't find him. That was where the order was so they transferred it to Illinois, but now Illinois said he doesn't owe it, but Indiana said he does. My dad is doing good and my mother is still trying to get out of debt from raising us. Could anyone help me out? Illinois also said your kids are grow up what do you want us to do. I have a kid and my son gets his money every week so if I stop paying for it when he hits 18 mine will be forgotten.

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By 0 found this helpful
March 9, 2016

If a father was never ordered to pay child support, is he still responsible to pay back child support, even if the child is a grown up now? We were never married and I never took him to court for anything. My son is 42 now, but I heard that his father should be held responsible for some kind of monetary support to the mother.

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By 0 found this helpful
November 1, 2015

My ex owes me thousands of dollars in child support from 40 years ago. Can someone tell me if there is a statute of limitations on collecting it if I live in California, but the decree was made in Nevada?

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November 1, 20150 found this helpful

Both California and Nevada have no limitation of collecting unpaid child support. However, Nevada limits collecting child support if there is no enforceable order of support. If there is no actual legal order, Nevada has a limit of only 4 years prior for collection. You should consult with an attorney in California on how to collect in Nevada and California. The handy site below has this information:

http://www.chil  limitations.html

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October 4, 20130 found this helpful

If the father of the child is listed as owing back support and the mother terminates her rights to the child, and the father then gains custody, would that cancel out the back support owed?

By Jennifer L

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October 5, 20130 found this helpful

Talk to your local Child Support Office. They are the ones that would be able to help you.

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