Legal Question in Family Law in Iowa
My ex husband came down with cancer 3 years ago and has not worked since then. Child support payments were being taken out of his social security disability payments. He died on 12/27/16 and the arrears for child support are now over 15,000. He did not own a house nor a car. He was supposed to have a life insurance policy with children as the beneficiaries for 100,000 and did not do as what was on our divorce papers. His current wife, left him a year ago while he was sick. She recently turned 60 and they never divorced and had just hit their 10year anniversary and I was told she can now collect his social security. I would like to know if I can legally go after her from his social security that she will be getting from him on his record for the arrears of the $15,000 still owed in back support. I also have a child who is 18 and disabled and is also collecting social security disability benefits under his record. Do I have any chance of going after the arrears?
1 Answer from Attorneys
This is an interesting question so let me rephrase it for you. Your ex husband got sick and died leaving an arrearage of $15,000 in child support. He was ordered to maintain a life insurance policy with your children as beneficiaries and perhaps did not do so. His second spouse thinks that now she can collect survivor benefits that are due and owing. You would like to know if you can collect the arrearage from the estate.
It's primarily a probate question. There will be an estate administrator appointed in his will if he had one and an attorney to handle the estate. You need to find out who that person or persons are and make sure your claim to part of the estate is made known.
Debts, as well as assets are the property of the marital estate. I would think that a social security payment is an asset but as you know these are not generally garnishable, nor are pension payments.
I see two issues here.
First, if your child is disabled and collecting social security benefits there is no chance at all of double dipping. So the main issue is whether you can collect the arrearage . I believe you are entitled to it, but it will require you getting an attorney who is knowledgeable in this area.
See, http://www.iowabar.org/?page=LegalInfoProbate
Second, you only have a limited time to present your claim to the estate. I would make that my first order of business as soon as the will is probated or an administrator is appointed.
In both cases the assistance of an attorney is going to be necessary to navigate this matter.
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