QUESTION
What happens to arrears if the non-custodial parent dies?
Asked on Nov 02nd, 2017 on Family Law - Wisconsin
More details to this question:
I live in Wisconsin, my son's dad lives in South Carolina. Our support case was established in Washington (where we lived). WA state is garnishing wages on my behalf. He has never met my son and we have no contact. Washington Division of Child support has noted he is on Short term disability over a sever illness and he may not make it. He owes 25,000$ in back-support and with our son only being 8, he has a lot of support yet to pay. He is married with another child (16). Every attorney I call from WI or WA has said to contact someone where he lives. How is my son protected if his dad were to pass? What do I do to get current support and what do I do to collect the arrears? Again, we have little contact and I only find out where he works through WA state when they garnish wages. Thank you, Concerned Mother
1 ANSWER
4 Awards
You can file a contempt motion on your own if your ex isn't paying child support, or there isn't a repay court order on the back support owed. Someone asked a similar question the other day on whether child support arrears survives the death of the payer. While I am not 100% certain of the answer, I would think the arrears survive the death of the payer, and would be a claim against their estate, assuming they have any type of an estate to collect from. There is a statute of limitations for the collection of child support arrears in Wisconsin. I wrote a blog discussing that very issue that you can read at our law firm's web site, under family law issues.
Answered on Nov 03rd, 2017 at 7:04 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com