Legal Question in Wills and Trusts in Arizona

My mother is owed 193,000 in child support arrears. Can her estate collect on this, mom just passed away. All the children are adults.


Asked on 1/13/12, 11:22 am

1 Answer from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

I am sorry to learn that your mother passed away. I am not sure how old the adults are who should have been the recipients of the child support and that makes a difference in my answer. I am also not sure whether your mother collected public benefits for support of the children while she was not receiving child support. If she was receiving public benefits the amount of the payment for tax dollars may belong to the state for reimbursement rather than to the estate.

Generally speaking child support awarded to a party is a vested judgment here in Arizona. A judgment is simply a debt. Judgments in estate proceedings are debts which are collectible by the estate. The existence of a debt or judgment is not always collectible in any proceeding and I am not sure whether you have an open probate matter following the death of your mother. Because so many questions are unanswered, it would be necessary for us to have a discussion with you to determine the best strategy for you. If you are interested in discussing your relationship in handling the affairs of your mother, debts that may be collected by the estate and distributed to the heirs, please call Stephanie Coulter of this office at 602 462 1004 to make arrangements. We suggest that you allow us to review any documents showing the debts to your mother so that we can advise you regarding whether it is beneficial to the estate to attempt to collect on these debts.

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Answered on 4/27/12, 6:40 am


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