Does back child support still in effect when mother passes away and father had custody of child anyway?
Ok, I have a question, my husband has a child from a previous relationship. Well we have full custody of him and my husband has been paying back child support. Now the mother has passed away due to natural causes. Does my husband still owe the back child support? He is raising his son and the money was going to the mother, shouldn’t he be able to get that back support canceled? We live in Michigan. The child’s mother didn’t have any other family but the child. We just want to know what will happen to that.
no, the money goes to no one now. the money was origionally suppose to go to the MOTHER and now she is no longer alive so he pays nothing.
January 3rd, 2010 at 2:32 am
i would say no, there is nobody he owes now. nobody to pay.
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January 3rd, 2010 at 2:44 am
you might need to talk to the person that handled your husband’s child support case, but i’m sure that he doesn’t have to pay anymore since the mother did pass away and no one would receive it.
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January 3rd, 2010 at 3:10 am
Talk to your attorney. Some things have to be declared in court before they can be put into action. Even though it seems like common sense to stop, ask for legal advice. If you no longer have that attorney, look around. A lot of lawyers will give first appointments free in the hopes of getting new clients.
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January 3rd, 2010 at 3:45 am
The only way he would owe back support now is if the child’s mother was receiving welfare in order to support the child while the father wasn’t. If that is the case then yes he owes it to the state and will have to continue to pay until it is paid off.
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January 3rd, 2010 at 4:02 am
no, the money goes to no one now. the money was origionally suppose to go to the MOTHER and now she is no longer alive so he pays nothing.
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January 3rd, 2010 at 4:43 am
You would think he would be able to stop paying, but it is money that was owed to the woman. If she has someone handling her estate (even if she just owed bills and had no money) it may not be beyond the realm of possibility that legally he would have to continue making payments to the estate to pay the bills. I personally think this is something that he should be asking an attorney.
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January 3rd, 2010 at 5:30 am
He needs to contact the local child support office that handles his case. He may be able to get EVERYTHING dropped with a copy of her death certificate, but depending on how they handle it, they may still require him to pay the interest on the arrears he had owed. The actual amount though, not he should not be required to pay it, but not sure if he will still have to pay the interest on what he had owed.
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