Collecting Child Support Owed by a Deceased Parent

How do you collect child support from a parent who has passed away without signing the child's birth certificate?

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June 19, 20190 found this helpful

You will need a lawyer for this one. Hopefully they can find something with his DNA.

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June 19, 20190 found this helpful

Legal Zoom has some generalized information on their website about this topic:

info.legalzoom.com/happens-dad-owes-child-support-dies...

It is best to have your own lawyer work with the estate lawyer/executor who is handling the will and estate of the person who is deceased.

If you can't afford a lawyer, talk to you state senator's office and have him/her give you a list of legitimate legal aide services who can help you navigate this process.

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Post back with an update. Condolences to your child on the loss of his/her parent. So sad.

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June 20, 20190 found this helpful

Several questions:
First: Who do you expect to receive child support from?
Does he have an estate? Will? Assets?
Did he work long enough to acquire Social Security benefits so the child could apply for surviving child benefits?

How old is the child?
Why did he not sign the birth certificate?
Did you live together - if so - how long?
Were you living together when the child was born?
Were you living together at the time of his death?
Did he ever pay child support or take care of the child while he was living?
Did he proclaim to anyone that this was his child or did he question it?

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Do his parents recognize the child as their grandchild?

No matter where you are seeking child support, these are the type of questions you will most likely have to answer and probably have to have proof for some of the answers.

If you can provide legal DNA that proves the child is his you may not have to go through so many hoops.

If you are on any type of government assistance programs (hopefully you named him as the father) (foodstamps, Medicaid) you can seek free help through your local family services as they have attorneys who do pro-bono work in cases like this.

This will probably be a slow process but the first thing to do is to make your case with Social Security so you will have an official starting point.
Then, if your child is approved for benefits, you will receive money from that first date when you applied.
You will have to go in person and have SS numbers for yourself, child and the deceased father.

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Also - you will need a copy of his death certificate (if possible).
Be sure the SS person starts a case so you will receive something in writing stating whether your child qualifies for benefits. Be sure to keep any correspondence you receive from the SSA office.

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