Seeking Child Support from a Deceased Parent’s Estate
My ex died owing $15,000 in back child support. Is there a way to go after his estate?
I’m Tulsa family law attorney James Wirth, and that’s the question we have today. The simple answer is yes.
Child Support Obligations and Legal Considerations
Child support obligations are treated differently from most other debts. First, they are automatically reduced to judgment—unlike other debts, which typically require a separate court action to become a judgment. Second, child support is not dischargeable in bankruptcy. And while most garnishments only last six months before renewal is required, child support garnishments can continue indefinitely.
So, child support is generally easier to collect than other types of judgments. And just like most debts, child support does not die with the obligor. Although the obligation for future child support ends when the parent dies, any back child support already owed remains a valid debt of the estate.
Filing a Claim in Probate
If the deceased had assets and a probate case is opened, you can file a creditor’s claim in that probate action. When the estate’s assets are divided, your claim will be considered and—if there are sufficient funds—should be paid in full. If the estate doesn’t have enough assets, you may only receive a proportional share depending on the priority of debts.
If the deceased had assets but no probate case has been filed, you may still file to open probate as a creditor, since the estate owes you money. That way, the estate can be administered, and you can pursue your claim.
Seeking Legal Guidance
So, to be clear: child support obligations do not vanish when the obligor dies. You can pursue payment through their estate in a probate case.
Of course, these matters can get complicated depending on the circumstances, so you’ll want to talk to a Tulsa child support collection attorney privately and confidentially for advice specific to your case. To schedule a consultation with my office, visit MakeLawEasy.com.
Schedule Your Initial Strategy Session
If you’re unsure of how to proceed with collecting back child support from an estate, contact us today for a low-cost initial strategy session. Call us at 918-879-1681 to take the first step towards securing what is rightfully yours.
