back child support & life insurance when ex is deceased

[Sandra Loomis]

child support in arrears ex deceased

I live in illinois. we were married in georgia and the divorce was final in Texas. my ex husband moved back to georgia and remarried. he was ordered to pay $300 a month in child support and to provide $50,000 in life insurance.
he passed away three weeks ago and I found out he didn't maintain the life insurance policy and he owed 26,000 in back support. i found out that his home is in his wife's name only (and she goes by her maiden name but they were legally married) and his business partner says the business is in his name. (my ex was a commercial builder) my ex told me his company was owed quite a large sum of money and that he would get current when they collected....it is in court now. he also told me three months ago that he would send me updated copies of the life insurance policy showing it to be current. do i have any options??????????

 

[I AM ALWAYS LIABLE]

My response:

File a "Creditor's Claim" against his Estate. Because yours is for child support, your claim will take precedence over all other creditors.

See an Estate Attorney as soon as you can. Time is of the very essence.

IAAL

 

[Sandra Loomis]

back child support & life insurance

thank you for your advice. should i seek an attorney in georgia or illinois? also....my ex did not leave a will.
he told me once that he was putting all his "assets" in his wife and partner's name so that I couldn't touch it.
a long story!

 

[I AM ALWAYS LIABLE]

Re: back child support & life insurance

thank you for your advice. should i seek an attorney in georgia or illinois? also....my ex did not leave a will.
he told me once that he was putting all his "assets" in his wife and partner's name so that I couldn't touch it.
a long story!

My response:

If he died in Georgia, that's the State where the courts would have Jurisdiction.

When it comes to child support, a court can "pierce the corporate veil" and go after funds owned by the corporation, in order to pay child support - - not other debts; e.g., all it takes is a "small showing" that he was hiding assets in order to avoid child support, and bingo, bango, bingo, the money will come streaming your way.

And he thought he was so smart. Courts see shmucks like this every day.

IAAL

 

[LegalBeagle]

I think I am right in saying that as well as past CS, you can also file for future CS that would have been owed.