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Child support and deceased parent?

post #1 of 12
7/23/06 at 12:07am
Thread Starter 
My husband passed away and we were in arrears a few thou to child support. Is this something I will be financially responsible for??? I'm hearing so far that it's not mine...BUT they keep saying it could be when I file taxes.

PLUS, I'm not sure what the rules are for social security death benefits and step children.
If my step son's parents change his last name and go thru w/ a step parent adoption, will my SS lose his benefits??? What if they change his last name??

These were all things dh prevented them from doing for years, and it's a shame that they'll probably rush right into changing everything out of dh's last name to the Stepdad's, BUT...what can ya do about it?? At least the kiddo is being taken care of and is happy....at least I hear he is. When dh passed away, they finally let me speak w/ him. Too bad dh spent months trying to get a phone call into his son but no phone calls were ever answered nor returned. Very sad situation. I don't think I have any rights to SS whatsoever since we had no custody. I'm not sure if I'll even be entitled to see him if I followed the court ordered visitation rules. ???? Very complicated.

I guess if I just keep calling or writing, my SS will know how much I loved him and how much my hubby loved and missed him.
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post #2 of 12
7/23/06 at 12:12am
I'm so sorry to hear about your dh. One of my biggest fears is that I would lose all contact with my stepchildren if something happened to him.

As far as CS, I think all they could do was take his portion of the return, but I don't even know that for sure.
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post #3 of 12
7/23/06 at 12:19am
Thread Starter 
Thanks. I hope they won't take all of my return. We could really use the extra cash these days. I just hope that I can be part of my SS's life. It's a shame hubby died trying to talk to his son and he was always denied that right.
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post #4 of 12
7/23/06 at 12:24am
OMG Julie! I'm SO sorry to hear DH passed away. Please email me if you need to talk... munozmt@yahoo.com. I miss talking with you and think about you often. If there is anything I can do please let me know.

I'm not sure about the answers to your questions. I really hope that everything works out. I think your children have a right to see their brother and I hope they get to.

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post #5 of 12
7/23/06 at 12:37am
Thread Starter 
Thanks, Tara!! I have missed you so much!! I'll go post an update so ya'll will know what's going on.
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post #6 of 12
7/23/06 at 2:09am
I'm so incredibly sorry, Julie.
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post #7 of 12
7/23/06 at 6:57pm
OMG! I am so sorry to hear about your DH. I'm here if you need anything!
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post #8 of 12
7/23/06 at 8:00pm
None of this is based on fact but I would guess that if he is legally adopted by his step father than he would lose his ss benefits. If all they do is change his last name though he would not.
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post #9 of 12
7/23/06 at 8:16pm
Thread Starter 
That's kind of what I was thinking. And thanks. It's probably not a bad idea for my SS to be adopted now that dh is gone. Afterall, if I ever remarried, I'd want my dh to adopt my 2 girls. But...it's a shame that he might lose benefits if he's adopted.
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post #10 of 12
7/23/06 at 11:44pm
I am not sure of what the laws down in the US are on that...but I too agree that it would be soo not fair if he were to lose his benefits that he is currently entitled to
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post #11 of 12
7/24/06 at 10:15am
again!!!!

Hmmm… I am not real sure. My MIL works for the Attorney General in child support collection in Louisiana. She did the same thing in TX for seven years when they lived there. I will ask her if you want me to.

YOU have no responsibility to the child, legally. So, you would not have to pay child support on him, because he’s not yours. As far as the previous year’s income, they might want to take part of his return, but I’m not sure how that would work. Hmmm… that would be something that she could answer for you.

If they change his name, it’s one thing. If he is legally adopted, then it's another--Johnny isn’t his legal father and the new guy is. So, he would have no claim to any of Johnny’s social security benefits. If the stepdad adopted him, he wouldn’t legally be Johnny’s child anymore and he wouldn’t get social security checks anymore.

I wish I knew what to say. Life stinks sometimes.
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post #12 of 12
7/24/06 at 12:22pm
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