Asked in Child Support and Family Law for Minnesota

Q: does back child support debt go away when someone passes away? the children are adults now.

We were quit deeded land before my step- dad died, ( he was never legally married to my mom) we found out after he died he was paying 50 dollars a month towards a 70k debt of back Child support for 2 kids he was never involved with, he didnt have any custody of them ever. Both the children are adults now. He has no life insurance or assests to sell to pay that debt other then the land he quit deeded to us before death. are they going to come after us for the land? It is not worth even close to the 70k he owes in back child support.

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T. Augustus Claus
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A: Back child support debt does not automatically go away when someone passes away. The obligation to pay back child support can still be claimed against the deceased's estate. Since the children are adults now, the back child support remains a debt of the estate. If the land was quitclaimed to you before your step-dad's death, there might be complications, especially if the transfer is considered to have been done to avoid creditors, including child support claims. However, if the land was legally transferred before his death and there are no other assets in his estate, it may be challenging for the child support agency or the children to claim the debt from the land now owned by you. Still, this situation can be complex and varies by jurisdiction.

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