Receiving Owed Child Support If Payor Dies

Question:mens divorce attorney

My ex-wife remarried and eluded paying child support. My children are grown, but last year I began to receive child support through the Department of Revenue.

She has since passed away. What happens next? Will I continue to receive child support owed through DOR?


This answer only includes general divorce information for men as I am only licensed to practice in Oklahoma and cannot provide advice on child support laws in your state.

Generally, a child support obligation automatically becomes a judgment when it is due and unpaid. If your ex-wife had a will that will have to go through probate court, because of the judgment owed to you, you can act as a creditor and seek payment from the estate of the child support funds owed.

You should also contact the your state’s Department of Revenue Child Support Enforcement Division to obtain information on what actions, if any, the DOR can take to collect the funds still owed.

You should consult with an attorney in your area with experience in both family law and probate.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with Tulsa Divorce Lawyer Katherine V. Lewis, please contact Cordell & Cordell.

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