Q: Who does the custodial parent serve with request for determination of arrears, if the non-custodial parent is decease
The custodial parent has a judgment for unpaid child support through February 2007, the date she requested case closure. On February 27, 2018, the non-custodial parent was killed in a motor vehicle accident. The non-custodial parent has an interest in real property, and the custodial parent has requested the Department of Child Support Services reopen the case and enforce the lien against the non-custodial parent's interest in real property, and has been told she needs to file documents with the court to address the arrears that accrued after case closure.
Since the non-custodial parent is deceased, and died intestate with one heir, the daughter of the custodial and non-custodial parents,, who is now 24, does she get served the documents on behalf of the non-custodial parent?
A: That would be a good start. Also check with Probate Ct. to see if anyone else has been named as executor of the estate. DCSS can help with this, perhaps.
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