Add to GuideAsk a Question

Collecting Back Child Support if Parent is Deceased

Category Child Support
When the obligated parent dies, there may still be ways that the parent with the child(ren) can collect some child support. This is a guide about collecting back child support if parent is deceased.
Ad

Questions

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.

August 31, 20110 found this helpful

If my ex-husband died and he still owed a lot of back child support can I still receive support from his social security?

By Elizabeth

Answers

Anonymous
September 1, 20110 found this helpful
Best Answer

As already mentioned you need to go to your local Social Security office. Someone will either interview you, first come first serve, then or make an appointment for an interview later to see if you and your children are eligible.

You will be given an application and instructions that will give you a list of all of the documents you will need to copy for them (which will most likely include his death certificate, yours and your childrens birth certificates and social security numbers, proof of your income, any property you own, etc) to submit along with your application. Keep copies of everything you submit and everything you receive from SS in a file folder in case you need it in the future.

If he does die, or already did die, you could go to your local probate court and see if there is any way to petition to collect at least some of the back support via property he may have owned.

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
October 25, 2017

My daughter's father is just passed owing her 19, 000 in back child support. What can I do? He owes 19,000 in arrears. He was married with 2 other children that he took care of. I was wondering what I can do to collect the owed arrears. I have applied for Survivor benefits. But that measly 1,400 has to be split 4 ways. Is there any way to make her's more since he owes so much?

Ad


Thanks in advance,
frustrated....

Answers

October 25, 20170 found this helpful
Best Answer

This is a hard situation:

Normally survivor benefits are based on your his work history and how much he has made.

This will also depend on if he has other children or not and if they are eligible for part of his survivor benefits.

If he was married again and has left any legal documents for his affairs you might be entitled to some of this.

You would have to file a claim against his property and let a judge decide if you can receive any part of the property or not.
Basically, all you can do is contact an attorney or seek help from Legal Aid.

I feel for you and the pain you are feeling now. My daughter's father never once paid child support and he owed me for 17 years. I wish you luck and hope you can recover a small sum of money to help your daughter.

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
January 8, 2018

My daughter is 19, almost 20. Her dad died a few days ago. We are wondering if his back child support can be paid out of any Social Security he may have paid in over the years?

Ad

My daughter is his only child and he was never married. Doesn't his Social Security go to her?

Answers

January 8, 20180 found this helpful
Best Answer

Survivor's benefits usually stop when the child is 18. It can be extended to 19, if she is still in high school. You would have to make an appointment with Social Security.

If your daughter is owed back child support, it could be taken out of his estate. If you can't afford a lawyer, contact the Legal Aid Society.

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
June 13, 2018

My ex-husband died owing $90,000 in back child support for my daughter. He remarried and has two children under the age of 18. He was on Social Security Disability when he died. My daughter is now 27 years old. I wanted to know if she could receive his Social Security benefits.

Answers

June 14, 20180 found this helpful

The statute of limitations may have passed. You need to make an appointment with social security and being all proper documentation.

Reply Was this helpful? Yes
June 14, 20180 found this helpful

Legal questions (like this) can only be answered by someone at your Social security Administration as there are too many variables and each case is different. Call SS and make an appointment so maybe the wait time will be less.

Ad

  • Prepare for your visit to SS by gathering all of your legal papers concerning support for your daughter.
  • Mainly, divorce papers showing he was legally supposed to pay support and the amount. Also, any papers where you filed for back support payments (or filed for the court to make him pay support) as those dates may be important (but go to SS even if you never filed).
  • Do you know if his other children (under 18) were or are now receiving SS benefit checks?
  • You say Social Security Disability but there are two kinds of SS disabiity - SSI and SSDI - and they are very different in how they work. The SSA will tell you what type of disability he was on (if you are legally entitled to know) and that may be the deciding point as to whether you can file for back support payments.
  • Your daughter is over 18/19 so she cannot draw support from his social security account no matter what program he was on but you may be able to file for back support payments.
  • Ad

  • You have all of the information so go to the SS office and ask your questions and do not take anyone else's advice about what you can or cannot do.
  • The only other recourse would be if he had any money or property when he died as if he did, then you may be able to file for back support payment but you would need an attorney to do this.
  • If you cannot afford to pay an attorney, you can check with your local family services and they should be able to help you find a free attorney.
Reply Was this helpful? Yes
June 14, 20180 found this helpful

If you don't get anywhere on your own and need further guidance, we have used our state government representative's (Senator) office to help us get to the right places to fix our challenge. Ours even had a free notary!

I found mine rep by putting the search into Google state senator + (my town name). It came right up and the office was less than 5 miles from my house (on a bus line even).

Ad

They were amazing and helped us 3 times now with various issues. They can even give you info about legal aide if you can't afford legal counsel on your own).

Our tax dollars pay for the service so why not take advantage of it!

Good luck!!! Hope it all works out for you! These things can be SO challenging...that is why it helps to get the experts involved!

Reply Was this helpful? Yes
June 14, 20180 found this helpful

Thanks for the info.

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
April 29, 2018

I have a few questions. Can an adult child (30 years old) claim back pay from a deceased father? The deceased father was on SSI for many years before passing so will SSI cover cremation expense? And finally, can any of this happen if the deceased father passed away on Feb 4th 2018 and adult child just found out April 27th 2018?

Answers

April 30, 20180 found this helpful

My first thought is the window of time has passed. However, if I were you i would call social security and make an appointment

Reply Was this helpful? Yes
May 3, 20180 found this helpful

Judy is right. Only they can tell you how to proceed. Good luck.

Reply Was this helpful? Yes
May 4, 20180 found this helpful

Questions regarding Social Security in any form should always be presented to the SSA so that you know you have the correct answers.

  • I do not know if there is a time limit on claiming the $255 burial expense but I do not believe you would qualify to receive it.
  • There are two reasons you may not qualify for this benefit.
  • 1). Your father was on SSI which means he did not have sufficient payroll quarters to qualify for regular SS benefits so I do not believe the burial benefit would be paid.
  • 2). From SS web site: Lump Sum Social Security Death Benefit
  • A spouse (who is living in the same household) can receive a one-time lump sum benefit of $255. If there is no spouse, a dependent child generally age 18 or under (see exceptions to the age 18 rule on the minor child section of Social Security's website), is then eligible for a one-time lump sum death benefit.
  • I do not know exactly what you mean by "back pay" but I would guess you mean back/arrears support payments.
  • There would not be a benefit for this as he was on SSI and SS would not have given a benefit to an eligible child (under 18-19) since that is a government benefit that is not based on wages.
  • Here are a couple of links that explain SS and SSI benefits.
  • www.thebalance.com/who-is-eligible-for-a-social-security...
  • pocketsense.com/children-receive-ssi-benefits-parent...

You should make an appointment at your SSA and ask your questions so you will know for sure where you stand on both of these questions.

Reply Was this helpful? Yes
May 6, 20180 found this helpful

Being an adult, no nothing can be claimed at this point. But you can call SS in case there is more to the story we are not aware of. It would need to be a child or spouse to call, due to privacy issues, and they will need his SS number.

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
June 26, 2018

My father died a few days ago and he had lots of money owed for child support. Is there any way I will see this money in the future? What steps do I take? I'm 20 now.

Thanks!

Answers

June 26, 20180 found this helpful

If you are a full-time student you are still entitled. This is a legal question. I would contact the Legal Aid Society for a free lawyer.

Reply Was this helpful? Yes
June 26, 20180 found this helpful

You may be able to collect some money if your father had any money or assets when he died.

  • Do you know if he owned a house or any other assets?
  • Did he leave a will?
  • This could be a tricky situation so even if you do not think he had any assets it would be better to have someone with authority check it out for you.
  • Rightfully, the back support money would belong to your mother or whoever has been your guardian as the money was to be used for your care and support. Since your mother/guardian paid all the monies for your care the back support money is rightfully theirs.
  • You can go to family services in your city and talk with someone who can advise you properly. If you cannot afford an attorney they can also refer you to an attorney that will advise you without charge.
Reply Was this helpful? Yes
June 27, 20180 found this helpful

You have my condolences on your loss. It sounds like you have a lot on your plate.

If you and your mom don't get anywhere on your own and need further guidance, we have used our state government representative's (Senator) office to help us get to the right places to fix our challenge. Ours even had a free notary!

I found mine rep by putting the search into Google state senator + (my town name). It came right up and the office was less than 5 miles from my house (on a bus line even).

They were amazing and helped us 3 times now with various issues. They can even give you info about legal aide if you can't afford legal counsel on your own).

Our tax dollars pay for the service so why not take advantage of it!
Good luck!!! Hope it all works out for your family. These things can be SO challenging...that is why it helps to get the experts involved!

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
June 15, 2018

My adult children's father just passed away. He owed back child support. Can I claim his Social Security to cover the back child support?

Answers

June 15, 20180 found this helpful

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

Reply Was this helpful? Yes
June 16, 20180 found this helpful

If you don't get anywhere on your own and need further guidance, we have used our state government representative's (Senator) office to help us get to the right places to fix our challenge. Ours even had a free notary!

I found mine rep by putting the search into Google state senator + (my town name). It came right up and the office was less than 5 miles from my house (on a bus line even).

They were amazing and helped us 3 times now with various issues. They can even give you info about legal aide if you can't afford legal counsel on your own).

Our tax dollars pay for the service so why not take advantage of it!

Good luck!!! Hope it all works out for you! These things can be SO challenging...that is why it helps to get the experts involved!

Reply Was this helpful? Yes
June 22, 20180 found this helpful

All questions that have to do with Social Security should be asked (in person) at your local SSA office. You can call and make an appointment so the wait time may be shorter. Be sure to have SS numbers for all involved so you may not have to make a second trip.

  • I believe the answer to your question will be no - as the person is deceased and his SS account has been closed.
  • Someone may be able to claim the death benefit of $250 so you could check that out.
  • According the type of SS benefit the children's father was drawing (SSI or SSDI or SS retirement age 62 or older) you may have been able to draw money for owed back support while he was living but I believe this possibility ends when the person dies.
  • As I said in the beginning, check with your SSA and if you are not satisfied then you can always ask a government agency for help.
Reply Was this helpful? Yes
Answer this Question...

June 29, 20120 found this helpful

Is there a way I can collect back child support from a deceased ex-husband? We had been married over 10 years, but he was behind in child support when he died.

By Tammy

Answers

June 30, 20120 found this helpful

To get a correct response to have to ask Social Security or an attorney that specializes in this type of law. I don't know if this will help but this is an answer I found on socialsecurity.gov. if you were married at the husbands death.

If your husband dies, you can get widows benefits if you are age 60 or older. If you are disabled, you can get widows benefits as early as age 50. Your benefit amount will depend on your age and on the amount your deceased husband was entitled to when he died. If he was receiving reduced benefits, your survivor benefit will be based on that amount.

If you are a widow with children, you may be eligible for a widows benefit at any age when you are caring for a child who is younger than 16 or disabled and entitled to benefits. As a widow, you also may be eligible for Medicare at age 65.

If you remarry before you reach age 60 (or age 50 if disabled), you cannot receive widows benefits as long as that marriage remains in effect. If you remarry after you reach age 60 (or age 50 if disabled), you will continue to receive benefits on your deceased husbands Social Security record. However, if your current husband is a Social Security beneficiary, you should apply for a wifes benefit on his record if it would be larger than your widows benefit. You cannot get both.

If you also are entitled to retirement benefits based on your own work, you have some other options. Ask a Social Security representative to explain the options, so you can decide which would be best for you.

Reply Was this helpful? Yes
June 30, 20120 found this helpful

As far as collecting back child support goes, ask you child support collection office.

Reply Was this helpful? Yes
June 30, 20120 found this helpful

You may also want to find out if your ex had left any assets. You may be able to get relief from that source but you may have to hire a attorney to petition the court to gain any access for back child support.

Reply Was this helpful? Yes
Answer this Question...
Related Content
Categories
Business and Legal Legal Child SupportDecember 15, 2016
Guides
More
🌻
Gardening
😎
Summer Ideas!
🐛
Pest Control
Facebook
Pinterest
YouTube
Instagram
Contests!
Newsletters
Ask a Question
Share a Post
Categories
Better LivingBudget & FinanceBusiness and LegalComputersConsumer AdviceCraftsEducationEntertainmentFood and RecipesHealth & BeautyHolidays and PartiesHome and GardenMake Your OwnOrganizingParentingPetsPhotosTravel and RecreationWeddings
Desktop Page | View Mobile

Disclaimer | Privacy Policy | Contact Us

© 1997-2018 by Cumuli, Inc. All Rights Reserved.

Published by ThriftyFun.

Generated 2018/07/10 07:19:41 in 1 secs. ⛅️️ ⚡️
Loading Something Awesome!