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dogz6

Child Support Arrears Order- Defendent has passed, does order?

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My step dad passed in June. There are no living children, or other relatives. His ex-wife has an order in New Jersey for past child support arrears due her. He lived in Florida.  Decedent recently received a notice from the court for non-payment ( I assume previously it was deducted from his SS check). I am personal rep and have an attorney, but looking for additional advice. Does this order die when the defendant dies?

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On 10/15/2016 at 8:22 AM, dogz6 said:

I am personal rep and have an attorney, but looking for additional advice. Does this order die when the defendant dies?

 

I'm not sure quite what your question means or why you'd seek advice from anonymous strangers on the Internet when you have an attorney.

 

That said, whatever support arrears he owed are now owed by his estate.

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Hi @dogz6

 

Welcome to the community and thanks for posting! As other poster have mentioned, the death of a child support obligor does not necessary mean that the order will terminate. As your attorney will likely explain to you, the court retains the power to order that your stepfather's estate continue to pay child support.

 

The FindLaw.com Team

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