Question:

My ex-spouse died owing me child and spousal support. Can I still collect this?

Answer:

Ongoing child support can still be collected from the estate depending on the order or judgment.  However, the obligation to pay spousal support typically terminates upon the death of either spouse.  In regards to collecting arrearages (i.e. the balance due for payments not made as ordered) for either child or spousal support, you can file a claim against the estate.  However, it is very important that you act quickly as time works against creditors of an estate.  There are very strict timelines that, if not followed exactly, will result in a loss of the ability to collect the debt.

AJ---Ask-the-Expert---Collecting-CS-and-SS