[WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

Thu May 28 11:48:48 PDT 2020

Dear Josh:
Actually, the child support judgments die 10 years after the child is emancipated at age 18, so the entire obligation lives in full until age 28. The oldest months do not roll off. That is my opinion/interpretation. Even if you are correct (reasonable minds can differ, of course), I would let the obligor make those arguments and not disable Jacob’s administrator from claiming the entire amount. Jacob’s administrator should also ask for his attorney fees in pursuing the Confirmation of Judgment Motion. All of that is collectible.
Yours truly,

Kerry A. Richards, Attorney
[cid:image001.png at 01D31B65.31A26710]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, May 28, 2020 11:42 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

each monthly child support obligation becomes uncollectible after 10 years, so some or even all of the past due child support can not be collected.
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Kerry Richards
Sent: Thursday, May 28, 2020 11:27 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

Dear Jacob:
There should be a distinction between the ongoing obligation to provide support and past due support. I gather from your facts that child support is not an ongoing obligation, but rather there is an arrearage. If so, then the administrator should file in Superior court a Motion to convert the previous unpaid support to a judgment and then garnish or collect in the best way possible. The past due obligation did not die with the obligee, and often in orders of child support the can agree the obligation will survive the death of the obligor, and to the extent not paid can be a claim against the deceased obligor’s estate.
In your case the obligee died, but the past due amount plus simple interest (calculated on every month not paid, so the oldest month owing will have the greatest amount of simple interest (at 12%) added to the underlying obligation.  The support becomes a judgment after each month it is not paid. The motion would be to Confirm the judgment.
Yours truly,

Kerry A. Richards, Attorney
[cid:image001.png at 01D31B65.31A26710]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, May 28, 2020 10:58 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Jakob:
I haven’t heard of this, but doesn’t child support belong to the children (who are now adults) not the parent (decedent)?  I believe the statutory recovery period is 10 years from the date that the last child turns 18, but I don’t have the cite.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jake Seegmuller
Sent: Thursday, May 28, 2020 10:48 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Hi Listserv,

We are administering an estate in Washington with relatively modest assets. The Decedent left two adult sons as heirs. No estate planning was done at the time of her passing. Decedent was owed Child Support well over $100,000 by her former spouse. A call into DCS with the assigned agent suggested that the debt "dies" with the person who requested the child support. Is this correct? And if not what remedies can the estate take to collect on these owed claims, if any?

I appreciate your feedback whether on or off-list.

Sincerely,

[http://dev.letsconstellate.com/nwll/nwll-logo-color-small.png]

Jakob O. Seegmuller

Attorney

nwlegacylaw.com<http://nwlegacylaw.com/> | 360-975-7770

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