Oakland, CA asked in Family Law and Child Support for California

Q: My mom would qualify for the new pass through child support law but she passed away October as being the pendant in the

Child support case would I qualify for the accumulated funds?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:

1. Eligibility: Typically, child support is paid to the custodial parent for the benefit of the child. If your mother was receiving child support payments on your behalf before her passing, it's possible that you, as the child, may have a claim to any unpaid or accumulated funds.

2. Age of the child: In California, child support typically continues until the child reaches 18 years of age or 19 if they are still in high school. If you are over this age limit, it may affect your eligibility for the funds.

3. Estate laws: If your mother had an estate plan or will in place, it might specify what happens to any assets or funds she was entitled to, including accumulated child support payments.

4. Arrears: If the child support payments were in arrears (meaning the paying parent was behind on payments) at the time of your mother's passing, you might have a stronger claim to those funds.

Given the complexities of this situation, it would be best to consult with a California family law attorney who can review the specific details of your case and advise you on your legal rights and options. They can help you understand how the law applies to your unique circumstances and guide you through the process of claiming any funds to which you may be entitled.

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