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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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I met my dad at the age of 33yrs mom passed in

Customer Question

I met my dad at the age of 33yrs mom passed in 1985.My mom couldn't locate my dad. So he was never court ordered to pay child support.When my dad filied for divorce he claimed no children envoled.My question is can I file child support at age 37 yrs old even if my father recently died can I draw his social security.Or his ssi benefits he did remarry they have no children together
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
I am from Denison Tx 75020
Expert:  Christopher B, Esq replied 2 years ago.

My name is***** and I will be helping you with your question today . This is for informational Purposes only and does not establish an attorney client relationship.

Even if you could claim past child support, this was due your mother or guardian years ago and without a court adjudication, the would be impossible to ascertain and at age 37, you would no longer require support. With the changes in the law holding "deadbeat dads" more responsible for support it could be possible but very unlikely as statue of limitations problems with no past judgement.

At your father's death depending on whether he dies intestate or with a will, you might be due a portion of his estate. Unless you are disabled (there are also certain requirements for this), then you would not have access to any social security benefits because you are not a spouse or minor child in need of support. Unfortunately a portion of your father's estate seems like the only option for receiving any type of funds from your father. Even that could be unlikely if your father drafted a will or he died insolvent.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 2 years ago.
I see you have reviewed my answer, please let me know if you have any further questions and please positively rate my answer if satisfied.