HomeChild CareFor California – Can I collect back child support as an adult from my father’s estate after he dies?
Posted in Child Care on 2nd January 2011

For California – Can I collect back child support as an adult from my father’s estate after he dies?
My mother was awarded child support but never recieved any. I always maintained a relationship with my dad, who said that he would make that up to me and will me his estate. I am active military and have been deployed for the duration of last year. While gone, my dad became ill and I was never informed. I had minimal access to the outside as it was. My aunt moved in and “took care” of him. She also told my dad that she had sent me emails and left numerous messages about him being sick, and received no response from me. She manipulated this situation and eventually had the will redone a month before his death to reflect she is the sole beneficiary, and I get nothing. I want to know if I can collect all back support plus interest from his estate? From everything I read it seems I can, that there’s no statute of limitations. And would this be better fought in court with an attorney? Or is this a cut-and-dry situation?

Best answer(s):

Answer by Yak Rider
Retain an attorney. It might be possible to challenge the will or file a suit against the estate for the payments that were owed.

Answer by snjas1
If there was an actual court order for child support that was never paid, it is considered (for lack of a better phrase) an unpaid “bill” that must come out of his estate, just like any other unpaid bills that he left. You may have to fight in a court for it, since you are older now, but it can be done. You will need to show the court order for the child support, and get records from the cs office to show his back balance, etc. Your’re right there is no statute of limitations on collecting back support. It is legally collectable from his estate, no matter who he left the estate to. It is also my understanding that unpaid child support has a higher priority when it comes to who gets any money first, and who may be left unpaid. Depending on his other unpaid bills. Your aunt may end up with criminal charges if she takes anything from his estate without settling his bills first, so you do have a case against her. So long as you can prove it. Judges like proof.

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