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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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My ex husband never paid his child support. No let me

Customer Question

My ex husband never paid his child support. No let me correct that he paid the first payment then stopped went to my attorney he made the payments go through child support enforcement my ex husband made 1 payment then stopped he never stayed at one job long enough to garnish his wages he had no dl because of dui's he was a alcoholic and plus every time I contaced my attorney it was more money and to add insult to injury he tried collecting food stamps in early 2009 claimed he had custody of our children gave them a old address of mine & my license was suspended !!! & I had to hire a attorney again which I couldn't afford to prove my children live with me solely & the messed up part while his was claiming tthis while he lived in a house where he just rented a room anyway I fixed it proved I was the custodial parent in may 2009 & still he never paid his child support ,now in 2014 he became sick with a disease he contracted he had no one I felt bad took care or him became his power of attorney when he was sick & disabled bed ridden in the VA hospital paid for his funeral expenses when he past away, then come to find out he has a bank account with money in it probably around $7000.00 in it . I go to the bank with the power of attorney & the death certificate the bank will not give me the money because the power of attorney is no good once he past away I go to the court they give me forms to fill out take them to a paralegal go back to the court that gave me the form go to a different person because the first one is no longer there now these are the wrong forms she instructs me to go to child support enforcement they deny me because when he pulled what he did in 2009 they with drew them selves from the case go back to the court tell them I was denied they call the dov because at that point in 2009 he owed me around $40,000 in back child support now its around $80,000 plus I paid for his funeral they now say they can't help because he past was how to I get the money that is his bank account with no pod on it & now its frozen because I gave the bank his death certificate ?
Submitted: 2 months ago.
Category: Legal
Expert:  Gerald, Esq replied 2 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You want to go to the County Court and go to the Clerk for the Probate Court. Tell them that on behalf of your children and the heirs of your ex-husband that you want to be appointed the Personal Representative of your ex-husband's estate. You will have to fill out some forms and then the Court can appoint you the Personal Representative and Administrator of the Estate. When they do that they do that they will give you "Letters of Authority" to act for the estate.

Then you can take the letters of authority to the bank, withdraw the money and pay yourself the debt owed. You will then complete a form to the Court stating that the estate has been closed.

Here are resources that can help you with this:

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Expert:  Gerald, Esq replied 2 months ago.

Before you do any of the above see this:

The other possibility is that since he died in 2009 that the Bank has sent the money to the Florida Treasury as "unclaimed funds." If so you can make a claim to the Treasury on behalf of your children that the money should be released to them.

In fact it is very likely that the money has been transferred to the state. Here is the link to search the Unclaimed Property and also the claim form.

I hope this additional information is helpful to you.

Kind regards,


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