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I am inquiring for my Daughter. She divorced about 10 years…

Customer Question
I am inquiring for...

I am inquiring for my Daughter. She divorced about 10 years ago, and her ex husband recently passed away. Can she receive the remaining child support in a lump sum and if so from where etc.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California (Southern)

Lawyer's Assistant: Has anything been filed or reported?

His Death has been reported and she has applied for SS for her Daughter but, was wondering about the remaining child support, as her Daughter is 16 now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hmmm, since Im inquiring for her, that was her concern, as now she has no help providing for her Daughter as she received when he was here

Submitted: 4 months ago.Category: Family Law
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Answered in 13 minutes by:
3/12/2018
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,703
Experience: Experienced Family Law Attorney
Verified

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

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

I am sorry to hear this;

the death of the obligor does not distinguish liability if the decedent has assets. Pursuant to case law such as Marriage of Gregory (1991) 230 CA3d 112, 116, the court determined the estate is personally liable for the ongoing child support. Please also see Marriage of McCann (1994) 27 CA4th 102.

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Customer reply replied 4 months ago
Thank you. How and who does she contact to insure that this is handled? She has no personal information as to whether there was a will, etc., as he remarried 2 1/2 years ago.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

As parent to a minor child, she can check to see if probate was opened (typically in the county where decedent last resided) and submit a creditor's claim.

Alternatively her county will have a child support division and they assist with collections.

http://www.childsup.ca.gov/

Further questions please post here otherwise kindly rate 5 stars if you feel I have earned it!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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