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VIC Can I Claim Unpaid Child support from Deceased Ex?

Discussion in 'Family Law Forum' started by Jmg, 9 March 2016.

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  1. Jmg

    Jmg Member

    9 March 2016
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    Can I claim unpaid child support from my ex who has passed away? He is the father to my two kids. He has been avoiding paying child support for a while now by changing bank accounts, etc. and the amount has built up over the last few years.

    Any help would be great.

  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Jmg,

    Child support terminates upon, amongst other events, the death of the liable parent. However if the liable parent dies owing arrears of child support, this will become a debt of his or her estate. Therefore you can recover the child support owing to you up until his death from his estate.
    Tim W and Jmg like this.
  3. Mary W

    Mary W Well-Known Member

    20 March 2015
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    Hi Jmg

    Do you know if there was a Will and if so who the executor/s is/are? I suggest you write to them setting out the amount of child support is owed and how you calculated that amount. Also, you might want to investigate whether the children were left anything in the Will because they would be entitled to part of the estate (if there is anything).

    If there was no Will then the Court will have to appoint someone to administer the estate and you could approach that person in the same way as the executor/s.

    You might want to do this as soon as possible.
    Jmg likes this.
  4. Tim W

    Tim W Lawyer

    28 April 2014
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    I agree with the above.
    Contact either the executor (if a will)
    or the Legal Personal Representative (if intestate)

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