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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10275
Experience:  Experienced Family Law Attorney
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My "x" passed away Aug 3 2016 owing me approx 17K in back

Customer Question

please. My "x" passed away Aug 3 2016 owing me approx 17K in back child support. No will, and widow wife did not go thru probate. Resident of Broward County Florida. Can I still collect and how?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 4 months ago.

I am very sorry to hear this; under code 733.707, child support obligations are 6th in line in order of priority. Please see:

Basically the decedent's estate is liable for child support arrears. If probate is open, the obligee parent would submit a claim; if probate is not open (for example, property passes through a trust, or via the manner in which property is held) then the obligee parent would need to sue to collect from any assets that were revocable up until the time of decedent's death-so this would include revocable, but not irrevocable trusts.

The obligee would need to name the decedent's estate as the defendant, and so a heir in possession of relevant property would need to either defend the suit or pay out the claim.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here: