If my biological father just died and I haven’t seen him since I was 2, if he never paid a dime in child support is there any chance I could sue his estate and get some compensation?

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If my biological father just died and I haven’t seen him since I was 2, if he never paid a dime in child support is there any chance I could sue his estate and get some compensation?

He was taken to court several times but never paid support. He lived in one state; I’m in another and probably wouldn’t be available for more than 1 court date. He owns a couple acres of land but I don’t know about life insurance or social security. Would it be worth the time and investment of getting a lawyer to attempt?

Asked on November 20, 2012 under Family Law, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. I wish that you had written what state your Father resided in and in what state the order of support was issued (as well as any judgements, etc.).  What you always have to worry about in these matters is what is known as the statute of limitations for collecting on child support.  The state of Nebraska has NO statute of limitations and a judgement rendered in any state can possibly be levied against the estate in the other state regardless.  So yes, I do think that you should take the time to explore the matter and make a claim.  Plus you may be entitled to collect as a beneficiary depending on the circumstances as well.  Good luck.  


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