What to do if I would like to claim unpaid child support due fo the past 20 years from my late ex-husband’s estate?

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What to do if I would like to claim unpaid child support due fo the past 20 years from my late ex-husband’s estate?

Are there laws governing how far back I am allowed to go or is it up to the estate administrator?

Asked on October 3, 2012 under Family Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are owed unpaid child support from your late "ex" husband, then you need to timely serve and file a creditor's claim on his estate within the required time period under the laws of your state assuming his estate is being probated or there is an intestate proceeding. You can go back the past twenty (20) years for the amount owed plus interest from his estate assuming your claim with the estate proceedings are not time barred.

I suggest that you consult with a Wills and trust attorney about your matter.


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