My son is 9 years old and his real dad just passed away over a week ago. His father owes almost $1000 in back child support still. What happens with him owing that much and being dead? How can he pay what he owes if he isn't alive anymore?
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You need to go through your state child support enforcement for those answers,and maybe since he is a minor he can get social security from his father passing. All of this has to go through your state for answers!
There could be several things working but only you know all the facts.
I would suggest you go to the Social Security Office as soon as possible to see if your son can qualify for deceased parent benefits. If his father worked and has SS work credits then he may be able to receive benefits until he finishes high school. You can also discuss the back support owed but getting benefits is much more important than receiving the back support payments.
You will need SS number for yourself, your son and his deceased father. You will also need a copy of the degree showing how much child support was supposed to be paid.
You should make an appointment over the telephone with SS as this will be the beginning date of your claim. This is important so make an appointment instead of just walking in and waiting. The appointment date is on record and becomes your official filing date. This will be the date your benefits start if the claim is approved and you will get a check for benefits from that date even if it is not approved for several months.
You may need to get an attorney to help you place a claim for back support but that should be secondary to filing for benefits with SS.
Please give your son my deepest sympathy on the loss of his birth father. That is so sad for him, especially this time of year.
If there was a court order for the support based on the custody situation, there was most likely a lawyer and/or judge involved in setting up the terms and enforcing them.
If it was me, I would go back to that lawyer (or judge) and ask them for guidance on what your son is or is not entitled to because of this life changing event.
States differ on how they approach these situations and every situation is different.
They will tell you if you need to contact the Social Security Administration for survivor benefits (which would be in addition to the back child support) and/or if the money needs to come from the estate if he had any resources. If his dad was a veteran, there may be other programs he could be eligible for as well as if the father was employed and there was a company insurance policy on him, if your son was a beneficiary he would be getting that money.
Too many variables for a "layperson" to guess about...best to see the lawyer and get things started.
Post back with an update! Prayers for all!
My husband died. We were separated and he never paid child support. I have an order from 28 years ago.
You will need a lawyer. If you cant afford one go to the Legal Aid Society. If there is money in the estate your child may get it.
You can take this up with SSN to see if your son is eligible for benefits until he is 18. I would make an appointment with them and see if you can receive a monthly check for your son.
If your sons father was on his birth certificate then I would take that to social security. Your son should be able to get survivors benefits until hes 18 years old, possibly longer if hes a student pas that age. Its something like $800 a month. You will probably never get the $1,000 in child support arrears, Im assuming the father owned nothing of great value, thus probably no estate to speak of.
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