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Collecting Back Child Support?

February 25, 2018

My sons' father recently passed away' They are 40 and 37. Dad never paid a dime of child support. Sister is beneficiary on the IRA. Shouldn't that go to the sons? Also what about Social Security?

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Gold Post Medal for All Time! 677 Posts
February 26, 20180 found this helpful
Best Answer

Your sons are too old to get survivor benefits from Social Security. It is my understanding that a person can choose anyone they want to be the beneficiary of their IRA. It doesnt even have to be their spouse.

 

Diamond Post Medal for All Time! 1,298 Posts
February 26, 20180 found this helpful
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The beneficiary he selected can be any person he chooses after he passes.

As far as social security, up to age 18/19 (if still in elementary or secondary school full time) or disabled before 22 and remain disabled.

Reference: www.ssa.gov/.../onyourown4.html

Too late to collect any money.

 

Gold Feedback Medal for All Time! 949 Feedbacks
February 26, 20180 found this helpful
Best Answer

It is sad that you did not pursue getting child support when your sons were younger but perhaps you had your reasons at that time. Or perhaps you tried and no funds were available?

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  • If their father had no other assets then there will not be any funds available to them.
  • Social Security survivor benefits are paid to help support children under 18/19 years of age (or disabled before age 22).
  • There is a $255 death benefit from SS but it does not appear you or your sons qualify.
  • You can check this site for SS information.
  • www.thebalance.com/who-is-eligible-for-a-social-security...
  • You may be able to collect SS benefits from your husband's earnings when you reach retirement age but that would only help you if the his benefit was higher than your own.
  • An IRA account can be signed over to anyone and does not have to be a family member.
  • If your husband had other assets then you and your sons could hire an attorney to look into whether anything could be awarded to you for any unpaid back support.
 

Bronze Post Medal for All Time! 105 Posts
February 26, 20181 found this helpful
Best Answer

Your children are adults now and it is way too late to think about child support now. You should have done this 30 years ago. As for an IRA, he doesn't have to leave it to his kids. He can leave this to anyone he wants. You don't have a case now and there is nothing you can do any longer.

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I had to deal with this. My daughter's father never paid child support and was absent from her life until she was 37. There is nothing I can do or anyone can do to make him pay now.

 
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August 12, 2012

How I do I go about receiving owed child support payments from my father at the age of 23 even though my mom is dead and now he wants her death certificate to obtain his license back after suspension?

By Shay

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August 14, 20120 found this helpful
Best Answer

Do not give him the needed death certificate. Contact Legal Aid services in your community to get good advice. It's usually free. The deadbeat may be able to get the death certificate without getting it from you so beat him to the punch and file for the money that is due you first.

 

Bronze Feedback Medal for All Time! 147 Feedbacks
August 15, 20120 found this helpful
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Call the Attorney Generals office in your state and ask. I doubt you can get back child support but they should be able to tell you.

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Or, ask the question in your search engine but be sure to include what state you need info for.

 
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October 4, 2013

If the father of the child is listed as owing back support and the mother terminates her rights to the child, and the father then gains custody, would that cancel out the back support owed?

By Jennifer L

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October 5, 20130 found this helpful

Talk to your local Child Support Office. They are the ones that would be able to help you.

 
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April 6, 2015

My mother was owed tens of thousands of dollars in child support. This was between 25 to 35 years ago. Back then in Philadelphia there was no enforcement. My father was murdered about 10 years ago and would have been about 75 today. Can my mother collect anything from Social Security or any back pay? They were married 20 years.

By Rich

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Bronze Answer Medal for All Time! 220 Answers
April 6, 20150 found this helpful
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Only the Social Security Administration can answer your questions. You can find some information via their website but should have all of your questions answered by visiting their local office.

 
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September 24, 2015

My daughter's father met her once, and hasn't seen her since. He gives fake addresses, switches phone numbers, and refuses to communicate. So when he stopped paying child support, it was like pulling teeth to find out why. Come to find out, he's been in the hospital for a month. I'm still not sure as to why, his condition, or for how long he's expected to be in there, because no one can give that information due to HIPPA.

My question is this: If he's seriously incapacitated, such as being in a coma, what on earth do I do about the support of my daughter? Thank you for any words of wisdom you can provide, as we live under poverty guidelines and the support we receive greatly helps put food in her mouth.

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Bronze Feedback Medal for All Time! 179 Feedbacks
November 1, 2015

My ex owes me thousands of dollars in child support from 40 years ago. Can someone tell me if there is a statute of limitations on collecting it if I live in California, but the decree was made in Nevada?


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February 23, 2016

My son is 19. We just found out his dad has been getting disability. Can my son get back pay from his dad?


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March 9, 2016

If a father was never ordered to pay child support, is he still responsible to pay back child support, even if the child is a grown up now? We were never married and I never took him to court for anything.

My son is 42 now, but I heard that his father should be held responsible for some kind of monetary support to the mother.

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April 12, 2016

I have a question and hope you guys can help. I'm 28 and I found my dad. I would like to know can I still charge him for unpaid child support?


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April 14, 2016

I'm 28 and have 2 brothers 27 and 29. We all have the same father. My mother raised us in Illinois. My dad owes 82000 in back support, but Indiana couldn't find him. That was where the order was so they transferred it to Illinois, but now Illinois said he doesn't owe it, but Indiana said he does.

My dad is doing good and my mother is still trying to get out of debt from raising us. Could anyone help me out? Illinois also said your kids are grow up what do you want us to do. I have a kid and my son gets his money every week so if I stop paying for it when he hits 18 mine will be forgotten.

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June 10, 2016

I'm currently 30. My parents divorced in 1991 or 1992 in Illinois where I currently reside. My father was ordered to pay child support and never did. He has since passed away back in 2007. He was married at the time of his passing while living out of state. Having said all this, does a chance exist of me still trying to collect back child support? Is collecting through Social Security even a legit option?

Thanks :)

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January 24, 2017

My ex-husband had his bank account frozen for back child support. How long will it take for me to see any of that money?


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Silver Post Medal for All Time! 255 Posts
January 25, 20170 found this helpful
Best Answer

Freezing the account only means he can't take money out of it. It may not help you any at all. The main factor here is how much money was in his account.

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If he owes you $20000 in back support, but only has $236 in the account, it doesn't do you much good. You will need to talk to the court.

 
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