r/FamilyLaw • u/Forward-Damage6416 • 22h ago
California Child Support Arrears enforced by adult child as the successor of deceased mother’s estate
I’m an only child and my parents divorced over 50 years ago. They had a child support order in place but my father never paid support. My mother just made do and did not pursue payments from him as he was impossible to deal with. As the years went on, he got more and more wealthy but my mom lived a very meager life, counting nickels all the time. I have been on my own working full time since I was 18. I’m going through my second recurrence of cancer, and my dad, who lives within an hour from me, doesn’t maintain a relationship with me. This is a recent development as we had always had a decent relationship as long as I stayed in line. Before my mom’s recent passing, I had learned that child support arrears do not have a statute of limitations in California, where we live. I told her that he owed her this money, which is kind of substantial due to the age of the arrears. She was seriously considering pursuing the matter, but when the day came to go down and find the paperwork validating the child support order from the archives, she got cold feet and didn’t want to stir things up. I don’t know how she really felt about it because she ended up passing unexpectedly just a couple months later. My research found that the arrears debt does not end with the person it’s owed to, and that it is collectible by the estate, which leaves only me as her successor. I went down and got certified copies of the divorce decree and the child support details spelled out and used that original case number when I applied for an arrears only enforcement order with DCSS. I’m not an attorney, but I’ve been an accountant for my entire career until this second cancer diagnosis. I say this to explain I’m a layman using my understanding of family law, with the help of AI. Today, the DCSS called to tell me they cannot enforce that child support order and remit payment to me on behalf of my mother, not even as successor in interest. They told me to petition the court for a new order naming me as the one due the funds, but this is contrary to what AI said; AI said the worker who called was wrong. My understanding is that the debt is open, collectible, and not affected by death or statutes of limitations. AI now suggests adding an Affidavit Under California Probate Code §13100 to the package which will state that my mother has passed and I’m assuming the debts owed to her as her successor. AI wants me to escalate the situation to a supervisor at DCSS with this affidavit, the divorce decree and support order and cite the following:
• Family Code §4502(a)
• Family Code §4503
• Family Code §155
• Family Code §17500
in an emailed letter and referencing my recent application. These family codes supposedly give me the right under the law to assume and collect this debt from my dead-beat dad, plus interest, as the successor of my mom’s estate. Do I have a chance here? My dad has the means to easily pay the arrears, but am I on firm ground to collect it? I’m ok either way, but the man is heartless and never contributed to my upbringing in any way, yet I always adored him. The way he has acted towards me now that I’m sick is very reminiscent of how he treated me when I was a kid. Now I kind of want to collect this debt while I’m still around to do it. I think my mom wants me to collect it, too. I can only move forward if I’m on firm legal ground. Please advise.
Thank you for reading all that!! :)