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Sylvia | Should second wife pay for child support after ex-spouse's death? |
I was supposed to get child support from my ex-husband on account of 1986 judgment. He and his second wife bought a home and at that time, he quitclaimed it to her name alone. I recorded a lien after that against the home for the unpaid support. He dies after that. They lived in a community property state. Can I enforce child support judgment via partition or any other way? |
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Feeling Mutual
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You should check with social services, and an attorney and about inheritance. Your child might listed as an heir in his will, and if not, might still be legally entitled to a portion of his estate. |
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Ask M
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ask the court |
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troop there it is
 |
Really if the husband is dead , let it gooooooooooooooooooooooooooooooooooooooo... Afterall she didn't make those children with you.You'll be surprised at how it would lift your burden if you just let go. |
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bourbon_cruiser
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I don't know whether you can or not. But morally it's the wrong thing to do. It's a sad situation and she shouldn't have to pay for a child that isn't hers! |
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CPA/PFS
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Yes, you can. Yes, you should. Your judgment was against your ex-husband. The lien was against the house he owned. It is still valid.
Now that your ex is dead, you should file a claim as a creditor against his estate. Typically, if it is a valid claim, the court will require that the estate settle it BEFORE they will allow his assets to be transferred under his Will.
The now widow of your ex is not obligated to pay his debts and is not a party to your claim. But his estate is.
Hire an attorney to go after YOUR money. Death does not automatically relieve one from their debts, especially their back child support. |
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kitiyapron
 |
You should consult a lawyer , to be sure .
The judgement in 1986 for child support was against your ex husband , not his second wife . In my view upon the death of your ex husband , everything that was in the name of or left to his second wife is hers .
As I understand the law of child support ; it should cover the years up until 18 years old and maybe 21 if they went on to University . The children you had with your ex husband must be over 21 and I think it unlikely that you would be successful in making a retrospective claim . |
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Maud The Skivvy
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Wow! You're so lucky! I wish my ex would die! He keeps taking me to court for custody to get out of paying his support.
I guess you'd have to see a lawyer about your question. Your child might be entitled to something out of his estate, but it depends upon whether he's left a will. |
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Elizabeth L
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I think you may be able to get a judgement on his estate. |
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alex s
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I'm not sure on this but I don't think so. Go and see a solicitor for sound practical advice on this one. Good luck. |
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Lindsay Jane
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I would think you cannot.Why now ? Your children must be grown up.Surely you had children and expected to be partially financially responsible,for them.Husbands are not solely responsible for financial child welfare.Leave this lady alone ,she can probably only just manage.Had it ever aoccurred to you that she may not have had children because of the expense of her Husbands children.? Or if she has children that her money was used for that. Any bequests would have been made in his will for his children. |
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nodda_lives
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you shouldnt try and get money from his spouse as she did nothing wrong. i know she tried to help him get away with not paying his child support but it isnt her job to help raise your children |
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Bob D
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You can try but I doubt you have any legal right. The quitclaim was a slimy move but it isnt the seconds wifes responsibility to pay for her husbands child care. Talk to a lawyer in your local area but I doubt you will get any satisfation.. |
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