Collect Child Support From the Dead

Like the 2nd Amendment slogan, we can only take child support from some men when we pry it from their cold dead hands. Prior to that we sometimes we pry it from hands that are bound together.

It is not uncommon to be in the hallways of the courthouse and notice the men on the chain gang. Sometimes these are ordinary felons. More often they are men who have been arrested for non-support. I often break into song:

That’s the sound of the men, working on the chain, ga-a-ang – all day long they are working….. under the table….

They get someone from somewhere to pay something and they get out of jail, and the process starts all over again.

But what if they die? Support in our state vests as a judgment each month it is not paid and survives death. The statute of limitations for collection of child support judgments only begins to run when the youngest child of the abandoned family turns 18. Then it runs for 10 years. If still not paid, a motion can be filed to extend it another 10 years, until the youngest child is 38 years old. The interest rate is 12%.

I have noticed men begin to drop dead in their 50’s, particularly if they are living the hard life underground or off the grid. (Lawyers begin to drop dead about that time too, but that is another topic). So it is conceivable we will have child support claims in probate.

Normally these will be advanced by the ex-wives of the dead men, but what if the mother dies? What if the children inherit the claim from thier mother? Hey kids, lets sue Dad for our impoverished childhood!

Kind of reminds me of Disney’s Lion King, Elton John singing about the “Circle of Life”. The whole prospect gives me a sort of warm feeling.

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