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Collecting Child Support Arrears from Deceased Parent?

The father was paying the mother arrears in child support. He had been on SSDI and his SSDI check was garnished to pay the arrears of $527 per month. The child is in college. So far the father owes around 7500.00 in arrears. He recently passed away. What happens to the arrears now? Will the SSDI still pay the arrears till they are paid in full? Or does the father's passing dissolve the arrears?

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Bronze Post Medal for All Time! 105 Posts
December 1, 20190 found this helpful
Best Answer

I'm not sure if this would apply to you or not. A friend of mine her husband did not pay her child support after the divorce. However, when he did die she was able to collect his social security benefits which did make up for all the child support that was not paid. Maybe you should check with social security and see if this applies to you or not.

 

Gold Feedback Medal for All Time! 949 Feedbacks
December 1, 20190 found this helpful
Best Answer

I believe the father's passing will dissolve the arrears but you will have to go to the Social Security office to find out for sure.
Some things can be different in different states but SS rules should be the same everywhere.

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The mother should go to the SS office as soon as possible to be sure she knows where she stands with this as some 'rules' have time limitations on filing.
I believe the mother will receive a letter from the SS office stating the payment will be discontinued (after they receive the father's death notice)
but it should not keep her from trying to receive payment.
The age of the child has nothing to do with payment of arrears in child support as it is due the guardian who took care of the child (this may change if the child is 38 years old or older).
The SS office has the correct answers.

 
May 11, 20220 found this helpful

Not true in most states. The arrearage survives the death of the obligor.

 

Gold Post Medal for All Time! 677 Posts
December 1, 20190 found this helpful

This is a question for Social Security. Make an appointment and bring proper documentation.

 

Bronze Post Medal for All Time! 140 Posts
December 1, 20190 found this helpful

You would have to go through your state,with proof of garnishment and death. Only they can answer this for you!

 
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