Legal Question in Family Law in Massachusetts

My mother in law is owed money in back child support from approximately 30 years ago. Her ex-husband managed to escape his financial responsibilities despite court orders for child support. He has since died and the estate is worth a considerable amount of money. Can she collect her back child support from his estate?


Asked on 8/05/10, 4:12 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I believe that she can, but she should not waste a moment in making a claim against the estate. My advice would be to retain an attorney to assist you in the collection of these sums. An attorney may be willing to take a case such as this on a 'contingent fee' basis, meaning that you do not owe any attorney fees unless there is a recovery for you. Please feel free to contact my office if you would like to discuss your matter further.

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Answered on 8/10/10, 4:18 pm

I do not believe there is a statute of limitations for child support that remains unpaidin MA, so she should file a claim against the estate ASAP. I would get an attorney to assist you.

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Answered on 8/10/10, 4:34 pm
Jane McGowan McGowan Legal

Absolutely, you need to file immediately against the estate. Your Mother-in-law will need to have the original order showing what was ordered for child support. You didn't mention if this was an out of state order this order for child support, but if it is must be on file with the court here in MA. This can easily be accomplished.

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Answered on 8/11/10, 7:30 am


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