Collecting Back Child Support if Parent is Deceased?

Recently the court made an order for back spousal support to be paid. Payments have been made, but a little more than half is due. My ex recently passed away and his current wife hired a lawyer the next day who sent me a letter stating I was not to talk about this matter to her though she was the one I've been speaking to about it for a year. It's been my sole income whole I've been in school. Is there anyway that the rest can be paid?

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January 8, 20200 found this helpful
Best Answer

I'm assuming the child is over 18 and has finished high school but if that is not the case then you need to go to Social Security ASAP and apply for benefits from his father's earnings. You can also discuss the back child support with them.
It may be possible for you to receive this arrears from his Social Security earnings but you will most likely need an attorney to help you with this.
There may be money in his estate that an attorney could file a claim.

You can go to Family Services and ask about help with finding an attorney that can do this for you. Some help may be free but sometimes there is a fee for these services.
You should get all of your legal paperwork together and do this as soon as possible because her attorney will be working to see that you do not get this money.

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You will need any legal papers showing where he is legally obligated to pay support and information on what he has paid and what he still owes. Go for help even if you do not have all the legal papers.

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January 10, 20200 found this helpful
Best Answer

I think that if your ex-husband had been working there should be some SSI that you should be able to get for your child. You may never get all the back child support. You should really contact a lawyer about all of this. You can try and make an apointment with Social Security and see if your child is eligible for the benefits. If this is the case they will receive the benefits until they are 18.

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January 8, 20200 found this helpful

You will need a Attorney also to get answers. Also if your child support is through the state ,than you can contact the state for the support.

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If made through the courts, you need a lawyer!

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