Legal Question in Family Law in California

absent parent died (questionable wrongful death) owed large amount of child supp

My ex-husband owed more than $30,000 in child support arrears; there is an open case with the district attorney's office in another county. The children are over 18 years old. He was killed 3 weeks ago. His death was potentially a wrongful death. He re-married last year. His wife has sold anything he owned since he died 3 weeks ago. Is there any way to collect the arrears now? Such as social security collected from him during his life (he was 44 years old; or other sources? Thank you.


Asked on 7/01/02, 10:27 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: absent parent died (questionable wrongful death) owed large amount of child

You have a claim against his estate and if the wife took all of the assets you should be able to collect the value of those assets from her, but you are limited in your collection to the value of the assets and you may need to file a legal action to obtain that protion. If there is a death action, you can collect the amount that would go to the estate, but not the amount that is the damages to the heirs for the wrongful death. Good Luck, Pat McCrary

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Answered on 7/02/02, 9:44 am


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