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Collecting Child Support From An Estate

Hudson Law Firm Jan. 15, 2023

Child handsIn New Jersey, child support payments are a priority debt, which means that they must be paid before other debts of the estate. If the deceased parent owed child support arrears, the parent who is owed the support can take steps to collect the unpaid amount from the estate.

To collect child support arrears from an estate in New Jersey, the parent who is owed the support can file a claim with the probate court. This typically involves filling out a claim form and providing proof of the amount owed. The claim form must be filed with the probate court and served on the personal representative of the estate.

If the estate has sufficient assets to cover the child support arrears, the personal representative will pay the claim from the estate's assets. If the estate does not have enough assets to pay all of the claims, the child support claim will be paid before other claims, as child support payments are considered a priority debt in New Jersey.

It is important to note that the parent who is owed the support must file their claim within a certain time frame, or they may be barred from recovering the arrears. In New Jersey, creditors generally have six months from the date of the first publication of the notice to creditors to file their claims.