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Original poster

Ex dies without paying maintenance arrears

168 replies

Bee2022 · 26/07/2022 11:20

Can anything be done if my childs father dies while still owing child maintenance arrears but has no money or assets too sell, he's been living on the streets for years and won't accept help or benefits

OP posts:
Beachsidesunset · 26/07/2022 11:27

What could be done?

SpikeyHatePotato · 26/07/2022 11:27

What do you think could be done in this scenario? Where would the money come from if he has no assets?

AlternativelyWired · 26/07/2022 11:28

That's a very sad situation for all involved. What would you like to be done?

Geordielass1987 · 26/07/2022 11:28

Wow so the children have lost a father but you want to chase child maintenance arrears. I understand the frustration but really?

Soonberaining · 26/07/2022 11:28

Nothing can be done. If he has any assets and he has died intestate, then his child/children will inherit. There's no mechanism for claiming unpaid maintenance.

thenewduchessoflapland · 26/07/2022 11:29

Who's going to pay?

You need to let it go in this situation.

BiscoffSundae · 26/07/2022 11:29

It doesn’t sound like he’s even died she’s saying if he does? 🤔

Geordielass1987 · 26/07/2022 11:32

The thread title says, EX dies without paying maintenance arrears? No idea.

RoseslnTheHospital · 26/07/2022 11:33

As others have said, if he has no assets at all, and he dies then there is no money there to recover. If he does have assets and dies without a will then eventually the child will inherit what's left after the costs associated with dealing with the estate.

I would concentrate on accepting that this man has not got any capacity give anything, financially or otherwise, to his child, now or in the event of his death.

vodkaredbullgirl · 26/07/2022 11:33

Hmm How much in arrears?

BiscoffSundae · 26/07/2022 11:34

Very odd, If he has died then you need to let it go, my ex has never paid maintenance and has nothing either so how would he pay once he is dead? If you can’t get it when he’s alive you’re not gonna get it once he is dead

CheshireSplat · 26/07/2022 11:34

I think OP is wondering what might happen in this situation. I don't think the ex has died. I think the reference to the ex not claiming benefits is because if he did, he could pass these on to help with the DC. I don't think she is heartless, rather frustrated and struggling.

RedWingBoots · 26/07/2022 11:35

he's been living on the streets for years

You are worried about maintenance and not about having to explain to your child in the future that their dad was homeless?

You know one of those homeless men they see sleeping in shop doorways?

Don't you think it will screw up your child to know that?

OP I suggest you ask for this thread to be deleted.

IncompleteSenten · 26/07/2022 11:35

No. If he has nothing, there will be nothing left. His estate will be zero. All debts die with him if there is no cash or other assets.

Original poster
Bee2022 · 26/07/2022 11:37

Sorry my fault I wrote this in a hurry and forgot start with if it happens, he's still alive at the moment but is doing everything he can to avoid paying arrears including not claiming benefits and living on the streets and giving everything he owned away long ago

OP posts:
coodawoodashooda · 26/07/2022 11:38

Geordielass1987 · 26/07/2022 11:28

Wow so the children have lost a father but you want to chase child maintenance arrears. I understand the frustration but really?

Omg op. I'd be so pissed off if that happened to me. Although the nasty bastard pays so little it would hardly make a difference.

BiscoffSundae · 26/07/2022 11:38

So I was right he isn’t dead. What an odd post, no you won’t get anything if he dies 🤨

coodawoodashooda · 26/07/2022 11:38

RedWingBoots · 26/07/2022 11:35

he's been living on the streets for years

You are worried about maintenance and not about having to explain to your child in the future that their dad was homeless?

You know one of those homeless men they see sleeping in shop doorways?

Don't you think it will screw up your child to know that?

OP I suggest you ask for this thread to be deleted.

I don't think it should be deleted. It is not the op's responsibility and I bet she tried to help him.

lickenchugget · 26/07/2022 11:39

Bee2022 · 26/07/2022 11:37

Sorry my fault I wrote this in a hurry and forgot start with if it happens, he's still alive at the moment but is doing everything he can to avoid paying arrears including not claiming benefits and living on the streets and giving everything he owned away long ago

He’s living on the streets to avoid paying maintenance? Seems extreme…

Stichintime · 26/07/2022 11:43

Kindly, having been in a similar situation, forget about him contributing. Its not fair, but it sounds like he has nothing, so nothing to give. Concentrate on doing your best for your kids alone.

bg21 · 26/07/2022 11:44

Stichintime · 26/07/2022 11:43

Kindly, having been in a similar situation, forget about him contributing. Its not fair, but it sounds like he has nothing, so nothing to give. Concentrate on doing your best for your kids alone.

this 👆👍

Idroppedthescrewinthetuna · 26/07/2022 11:45

My ex never paid any maintenance and when he died DD just inherited home. However there is no law for the resident parent to receive any money.
If there is child maintenance there is a child. If the other parent dies, trust me when I say the money is the least of your problems. The longest and hardest road is ahead with parenting.

Original poster
Bee2022 · 26/07/2022 11:47

Just the way he is, I'm ashamed to say this but the situation is partially my fault I fell out of love with him but I started seeing someone else before he left me and he see me as betraying him and that I chose to take the child away from him and replace him as the father

OP posts:
Hotenoughtoburnasausage · 26/07/2022 11:48

Tbh I would be too busy celebrating (quietly) to give a jot....

Marchmount · 26/07/2022 11:54

So you think he’s living on the streets and not claiming any benefit money just to avoid you getting £7 a week of his benefits money? If he really is that crazy then I’m not sure what you expect from him.