Montrose, CO asked in Child Support, Family Law, Estate Planning and Probate for Colorado

Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in FL. Montrose can't and won't issue a DC. So why was the child support/alimony case closed if there was not death certificate? Is this legal and can I go after an estate to regain the lost year of support and alimony until the DC is issued?

1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
  • Estate Planning Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.

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