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Wed 7 Nov, 2007 09:18 pm
Hi all,
I am not sure if anyone will be able to provide any insight into this or not. My parents have a meeting with an attorney next week.
My dad recently passed away. When I was younger (years 1980 - 11y/o to 1987 - 18y/o), my dad did not pay child support to my mom. He was supposed to pay via the circuit court, but didn't and my mom didn't pursue him as she didn't want to make waves. Her and I lived in Illinois and he moved to Missouri in 1982, which is also where he died.
From what I see, IL doesn't have a statute of limitations for collecting, which from the surface, would appear she could collect from his estate now that he is dead.
Does anyone have any experience in this?
Thanks so much!
JIM
No experience, but barring any statute of limitations, I think you are in a good position.
You might also try your question at
freeadvice.com
The Statute of Limitations just addresses how long before a claim is barred if suit is not brought immediately. It does not address whether a particular interest survives death (slander cases, for example, typically do not).
I could not find that specific information, but here are a few links that may be of help to you:
https://w05.myhfs.illinois.gov/childsupport/ <-- try this first
http://www.ilchildsupport.com/remedies_to_collect.html
http://www.state.il.us/dcfs/index.shtml
http://www.childsupportinillinois.com/forum/index.php?topic=137.msg137#msg137
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