What is the time limit to collect back child support from a deceased parent’s estate?

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What is the time limit to collect back child support from a deceased parent’s estate?

My 27 year-old so’s father passed away in 2004. When my ex-husband passed he owed back child support that was never taken care of. Can I go back on the estate for that now or is that time passed?

Asked on October 27, 2010 under Estate Planning, Florida

Answers:

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

Answered 10 years ago | Contributor

I would seek help from an attorney in your area.  Yes, of course generally one can sue for back child support.  But here are my concerns: has the estate closed since it has been so long and if it has (and they notified potential creditors correctly) you could be precluded from attempting to collect now.  If the estate has not closed then my concern would be the general one in bringing a lawsuit: is there a statute of limitations and have you blown that?  Also, did you ever get a judgement against him for the back support?  That is the best way to file against the estate.  Seek a consultation.  It can not hurt but only help.  Good luck. 


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