Death Of A Child And Father Wants Back Child Support

by CATHERINE
(NJ, USA)

MY SON PASSED AWAY LAST YEAR AT THE AGE OF 23 FROM THE RESULT OF A CAR ACCIDENT OF WHICH HE WAS A PASSENGER. MY SON WAS IN HIS LAST YEAR OF COLLEGE, AT THE TIME OF HIS DEATH. HIS BIRTH FATHER DID NOT KNOW MY SON. HE CHOSE NOT TO BE INVOLVED IN HIS LIFE. BUT I DID ENFORCE CHILD SUPPORT PAYMENTS FROM DAY ONE. HE TRIED MANY TIMES TO GET OUT OF PAYING BY SKIPPING PAYMENTS OR MAKING LATE PAYMENTS, BUT I ALWAYS FOLLOWED UP, UNTIL AFTER 12 YEARS OR SO OF FRUSTRATION. I THEN FINALLY HAD IT WAGE EXECUTED.


I HAVE A WRONGFUL DEATH LAWSUIT AGAINST THE DRIVER OF THE CAR THAT HIT AND KILLED MY SON. MY LAWSUIT WAS NEAR COMPLETION WHEN HIS BIRTH FATHER SAID HE WANTS PART OF THE SETTLEMENT BECAUSE HE WANTS TO GET BACK WHAT HE PAID WHEN HE MADE CHILD SUPPORT PAYMENTS. I RESIDE IN NJ, AND WAS WONDERING SINCE HE CHOSE TO BE AN ABSENT FATHER IN MY SONS LIFE, IS HE ALLOWED TO RECIEVE THE MONEY BACK FROM HIS CHILD SUPPORT PAYMENTS THAT HE MADE?

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What A Terrible Shame!
by: Child Support America Team Member

Hello Catherine,

We are very sorry to hear about the passing of your son last year. This has to be one of the most disgusting situations we have ever heard dealing with child support. Meaning the father trying to collect money from your wrongful death lawsuit. All we can say is WOW....

We are not attorneys, but I highly doubt he would be able to collect anything from you. First of all, on what basis does he think he could collect on?

From our experience, a person is not able to collect money for paid child support. Especially for a situation like this, where the father was never involved in the child's life. Also to his surprise, you may be able to collect back child support from his arrears even though your son has passed away. I'm not sure about this, but it might be worth looking into, if you so desire.

So, to answer your question, I don't think you have anything to worry about. He should not be able to collect a dime!

Thanks for writing us, and contact us anytime by responding back to this post.

CSA STAFF
Doug


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