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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Dad owes $31000 in child support arrears to mom.Son dies.Son

Customer Question

Dad owes $31000 in child support arrears to mom.
Son dies.
Son is unmarried no kids and mom and dad are heirs.
$43000 to divide.
If mom gets all what is case or statute reaching that result?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. It is important to understand that child support is a payment owing to a parent, and is not a debt owed to the child---but rather for a child. The child is never personally entitled to the money, but is only an intended beneficiary of that money. When the child dies, if they are still a minor at the time, then child support stops accruing, but all arrears of support are still owed the custodial parent. In the situation you set out, the fact that the child has passed has absolutely no effect on the support arrears and all of the arrears are stilled owed to the mother. This is not a matter of the child's estate being entitled to the arrears. The court order of support directed payment the mother, never to the son. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.Thank you,Doug