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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex was behind on his child support. My kids are grown but

Customer Question

My ex was behind on his child support. My kids are grown but we had b een fighting for many years. He passed away do I still have the right to file against his social security to get my back pay
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: the last time we filed was years ago. in the court order document it states that no matter if he passes away he still owes his child suppurt
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, just want to know my rights
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Now that he has died, you would need a lawyer to file a claim against his estate, not with Social Security, and you need to file a suit against his estate to collect. Furthermore, without a will to the contrary, your children as heirs of his estate is entitled to collect all of the assets of their father's estate. So you need to get the children an attorney and file for probate and you can also file suit against the estate to recover the retroactive child support from the estate as well.

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