QUESTION
If my father is diseased and has never paid child support, is it possible to get back child support?
Asked on Nov 06th, 2012 on Child Custody - Colorado
More details to this question:
I am 20 years old, I don't know my father and no one is aware of his being. There is a small possibility he bay be diseased. He has never paid my mother child support and all my life I watched her struggle to raise me on her own. Is it at all possible to get the money she deserves from back child support? He apparently was supposed to pay an average of $400.00 a month.
6 ANSWERS
Dennis P. Mikko
If a parent dies with a child support obligation, that obligation becomes payable by his/her estate assuming there is money in the estate to make the payment. If the estate has no assets, while there is a valid claim, it will not be paid.
Answered on Nov 08th, 2012 at 3:44 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is possible if he is still alive. But you have to act quickly. Get an attorney on this.
Answered on Nov 07th, 2012 at 7:16 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you have a judgment on arrears you may be able to collect if he left an estate. But you may have left it too late to collect if you don't already have a judgment.
Answered on Nov 06th, 2012 at 11:33 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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Yes. If he hasn't paid and is more than $10,000 in arrears, he could be charged with a felony.
Answered on Nov 06th, 2012 at 11:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You must take action. See an attorney to commence collection ACTION. On the oldest of the debt you may be running into statute of limitations issues.
Answered on Nov 06th, 2012 at 10:46 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If your father is no longer alive it is highly unlikely there is any practical way to collect back child support, but it is theoretically possible if he died recently and had any kind of estate that has not yet been distributed. If he is still alive, and can be found, and there was court ordered child support, your mother could try to collect the unpaid amount. She needs to consult an attorney to find out more about her options.
Answered on Nov 06th, 2012 at 10:40 PM