Can I collect past due child support from my late ex-husband’s estate?

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Can I collect past due child support from my late ex-husband’s estate?

My ex-spouse, who I divorced 30 years ago, was court ordered to pay child support to me for my then minor children until age 18. I received exactly 4 months payments from him. Never was able to collect. He is now he has expired and left quite a large estates. Am I able to recuperate the back support payments from his estate which is now in probate? The support payments were to come through the court. There is record of that. Never able to collect over the years. Also when we separated we had about $20,000-$30,00 in the joint account and he closed the account without me being able to get any of the funds out for support of myself and the children or the household. Am I entitled to any of those funds community property?

Asked on November 14, 2013 under Estate Planning, Texas

Answers:

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

Answered 7 years ago | Contributor

The law differs from state to state but I would absolutely go and speak with an attorney in your area as soon as possible about making a claim on the estate. What I was afraid of is a Statute of Limitations. But according to Texas child support law, if any back support payments (arrears) are owed, the court retains jurisdiction to take enforcement action until the arrears are paid in full. So you seem to be good.  Good luck.


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