If PWC dies...does the debt die?

technoghost63

Hi

Don't worry, I'm not planning to have my ex bumped off. I just want to know if the CSA are required to provide evidence if challenged in magistrates court when applying for a liability order to recover debt arrears on behalf of PWC, that the PWC (a private client) remains a living person. And, if the PWC has died...does the liability for any debt claimed by the CSA cease to exist?

DUTR

I would imagine the new gaurdian (assuming it is not you) would have to make a new claim for CS.

Blob

Depends if they were on benefit, if they were then the debt is to the Gov not your kids! So in that case no it wont, but if they were not then there is a good chance!

Lil2002

Executor of the deceased's estate can request any and all arrears on the case to be collected.

The person with care can make a new claim for child support.

DUTR

Lil2002 wrote: »

Executor of the deceased's estate can request any and all arrears on the case to be collected.

The person with care can make a new claim for child support.

To complicate things a little further, what if the NRP then had doubt over parentage :eek:

technoghost63

As stated previously, PWC is a private client. Also, there is no ongoing liability as the children are now adults.

Blob

Just one other point if they died with out a will, as I understand it there are rules as to who other than the Gov that will get anything!

CMAC_2

The debt is collectable and forms part of the estate

catenorfolk

DUTR wrote: »

To complicate things a little further, what if the NRP then had doubt over parentage :eek:

As if the nrp wouldnt have already disputed that already!!! donut

DUTR

catenorfolk wrote: »

As if the nrp wouldnt have already disputed that already!!! donut

Maybe you miss the point , I'm not reffering to the OP, just a general question assuming the NRP does not have PR, the PWC passes away, the NRP would not become the gaurdian. The new guardian would have to put in a new claim??? and as the DNA records are only held for 2 yrs then the NRP would not fall under the assumed parentage, it is not as if the mother is around to give her dna sample again

Zara33

DUTR wrote: »

Maybe you miss the point , I'm not reffering to the OP, just a general question assuming the NRP does not have PR, the PWC passes away, the NRP would not become the gaurdian. The new guardian would have to put in a new claim??? and as the DNA records are only held for 2 yrs then the NRP would not fall under the assumed parentage, it is not as if the mother is around to give her dna sample again

I doubt very much that DNA would be requested again.