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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.
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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

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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.

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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.

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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.

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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.

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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.

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June 30, 20120 found this helpful

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

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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.

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