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Collecting Child Support Owed by a Deceased Parent

Category Child Support
Even if a child's non-custodial parent has died there is still a possibility that you may be able to collect support. This is a guide about collecting child support owed by a deceased parent.
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Ask a QuestionHere are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community or ask a new question.

By 0 found this helpful
September 6, 2016

My ex just passed away this week. He was disabled and was paying child support thru his Social Security payments for my 11 year old son. I am disabled as well, so my son gets a Social Security check based on my work record. Can someone explain the process now that the other parent is deceased? Will my son be able to get a check from his dad's Social Security now that he's deceased? Or will his support check from his dad's disability just stop. I am so confused right now. I plan to go to Social Security as soon as possible. I just wondered if anyone had similar experiences.

Answers

September 7, 20160 found this helpful

Only the SSA can correctly answer your question. You can contact the office by phone and also schedule an appointment in an office near you.

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Anonymous
September 7, 20160 found this helpful

Thanks for your reply. As stated before I was just wondering if someone else had similar experience

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Anonymous
September 7, 20160 found this helpful

Thanks for your reply. As stated before I was just wondering if someone else had similar experience

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Anonymous
September 7, 20160 found this helpful

My dad was killed when I was 11, and SS paid benefits until I was 25..I was in college and they paid until my 25th birthday.. hope this helps..

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September 8, 20161 found this helpful

DCA is correct that only the SSA can give you correct answers as it would be rare that any 2 cases would have the same results.

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I do not believe that your child can receive two checks so they will probably give you whichever SS account will give you the highest benefit.

Be sure to take all legal papers with you and go as soon as possible as all of these changes take time to process.

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Anonymous
November 28, 20160 found this helpful

Did u have to move out? Or just remain in school?

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December 6, 20160 found this helpful

My son was only 10 when his father passed away 4 years ago. I had just been declared disabled 6 months prior to that and at that time my son was receiving a check off of my disability benefits. After his father passed I had to make an appointment at my local Social Security Office. At that appointment they required a ton of paperwork and legal documentation. Once they determined that he was eligible they looked up how much my son would receive in survivors benefits from his father's social security. They then compared that with how much he was receiving from my disability benefits and whichever amount was the highest is the one he got. Your child can only receive benefits from one parent at a time regardless of the situation. Also, there are several "qualifications" that have to be met in order for a child to receive survivors benefits from a deceased parent.

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Two of the main ones are that there has to be legal documentation showing that the deceased parent was in fact the child's parent (fathers name on child's birth certificate, if the fathers name is not on the birth certificate then they require proof of paternity, etc)...The 2nd is that the deceased parent has to have a certain number of "work credits" throughout a certain number of years. If they don't have enough of both then the child would not be eligible for survivors benefits. To be honest it's a real pain to have to deal with and go through it all but to get the survivor benefits for your child is worth it. Losing a parent is hard enough without having to raise a child on you own financially. I hope I've been of some help.

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December 6, 20160 found this helpful

Unfortunately, now that his father is deceased they will no longer pay child support payments from his disability benefits. They will determine if and how much your son would be eligible for under survivors benefits.

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They will then compare that to the amount he's receiving from your disability benefits. Whichever amount is the highest is the one he will get. He can only receive benefits from one parent at a time.

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January 23, 20140 found this helpful

Is it possible to receive anything for a child support case left running over a child's lifetime after the obligated parent has passed away? Father was deceased at (child's) age 20, now 25. I was told in a child development course discussion, that it is possible to receive the past due funds from the deceased parent's SS.

Especially since I am still considered dependent wise in the government's eyes and the case was definitely kept open. The only reason it wasn't "pushed" is because someone who is just not going to pay, isn't doing us any more good in jail... still, it stayed open.

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By K Johnson

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January 24, 20140 found this helpful
Best Answer

You are going to have to talk to your local Social Security Office and Child Support Enforcement office. Most of the time if a deadbeat parent has to spend a little time in jail that will shape them up. Their driver's license can also be taken away and their income tax could have been garnished, providing you had been working with the Child Support Enforcement office. Also their wages can be garnished. There isn't any reason for the parent to be very far behind on child support.

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November 19, 20120 found this helpful

My child's father has passed and I don't know anything, but his first name. Child support sent me a letter to file for support. What can I do?

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By Kim

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November 20, 20120 found this helpful

If your child's father has passed away, you are entitled to a check every month for the child's support until the child is 18, or 19 1/2 if still in school. Call your Social Security Office immediately. You can apply for it by phone. Do not even need to go into their office. Happy Thanksgiving and Happy Holidays!

Bexpress

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November 21, 20120 found this helpful

I used to do child support enforcement for a living. How do you know the man is dead if all you know is his first name? Go to the child support office and give them as much information as you can provide. If the child is illegitimate, which I am guessing is the case, they will have to establish paternity before proceeding with any other action to gain monetary support for your child. This can be done by testing relatives of the man who is the father. If paternity is established, the child might be eligible for part of the man's estate, depending on what state you live in, and of course, entitled to receive social security death benefits until age 18 or otherwise emancipated. Be sure to keep your appointment at the child support office as they can answer all your questions and tell you what they can do. This is also important for your child as someday he/she will want to know about their father. It will be good for everyone concerned if you can answer the questions with good information. Good luck to you. PS--do not be ashamed about anything in this matter. Your first concern is seeing that your child is provided for.

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November 21, 20120 found this helpful

Social security does pay a check every month, BUT paternity would have needed to be established BEFORE the father died. Social Security won't help you, I'm afraid. They aren't going to locate his relatives for you. They aren't going to do $500 DNA testing for you. The burden falls on you to raise this child by yourself.

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November 21, 20120 found this helpful

And how do you not know his last name, but know that he's deceased?

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September 16, 20130 found this helpful

My children's dad died, he owed $18,000 in back support. What do I do next? It would have been our 20 yr. anniversary. Our son is 22 and out of school and our daughter is 18 and just started college.

By Krissi

Answers

September 19, 20130 found this helpful

Check with your state or local child support agency. If he left any sort of estate, you may be able to get some of what is owed. Good luck!

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