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My husband owes back child support to someone who is

My husband owes back...

My husband owes back child support to someone who is deceased and his child is 28 now. What can we do

Lawyer's Assistant: What steps has your husband taken? Has he filed any papers in family court?

He contacted a lawyer but because this money was owed to the grandmother he said that the mother had a claim to the money because she was over the estate even though it's settled

Lawyer's Assistant: Family law varies by state. What state are they in?

North Carolina

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

No I think that sums it up

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Answered in 10 minutes by:
4/15/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,385
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. It often does seem illogical to be required to pay child support under circumstances such as these. That said, when child support is not paid when it was due under a court order, the child's reaching the age of majority does not change the fact that the amount is still due. The law will view it as needing to be paid into the grandmother's estate for the benefit ultimately of the grandmother's heirs since when the support wasn't being paid, she was financially filling in the gaps to provide for the child and thus reduced her estate by that amount, which now should be replenished by the person who was ordered to pay the support. I wish I had better news for you, but essentially the law does not forgive back child support simply because the child is no longer a child because that would encourage non-payment in hopes no enforcement action is taken until the child reaches age 18.

If you had any additional questions, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,385
Experience: Member at Keefer & Keefer LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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