Legal Question in Family Law in California

Can a dead father still owe child support

My father died a couple months ago and owed my mom and my two siblings around 65,000 in back child support from as far back as 1985. My brother is recieving compensation through social security and my father also left him everything in the will. He left me and my sister 5 dollars a piece as a slap in the face. i was wondering if there was anything i could do to get any compensation for the ''lost years''? Also, when my parents were divorced, my father was supposed to pay for our schooling as well as our dental bills and he never did. Can something be done about these as well? Help!


Asked on 6/25/02, 10:59 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Can a dead father still owe child support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that you and/or your mother can make a claim for back child support against the estate of your father (including school and dentist bills if designated as and for additional child support in the latest order). Contact an attorney who practices family law and probate law in the California county where the latest order was issued.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 6/27/02, 12:13 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Can a dead father still owe child support

The child support is owed to your Mother. If there was an estate then she can make a claim against the estate for the past due child support and the interest that has accrued. There is no compensation for your "lost years". Hire an attorney who knows probate law and family law to file a claim against the estate for the child support that is owed. Good Luck, Pat McCrary

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Answered on 6/26/02, 9:59 am


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