When Does Debt Become Uncollectible?

Donedoingdebt

kelloggs36 wrote: »

No it can't - because child support is based on the earnings of an NRP and a dead NRP won't be earning anything! QUOTE]


Or was that Ernie's ghostly goldtops, a rattling in their crates?????

The CSA would probably have had poor old dead Ernie, had they been around then!

shell_542

kelloggs36 wrote: »

No it can't - because child support is based on the earnings of an NRP and a dead NRP won't be earning anything! Arrears already built up is all the CSA could ever recover from an estate. Quite rightly so imo.

Sorry, I didn't mean from the CSA. Was it not on here I read somewhere a "PWC" can make a claim on a deceased "NRP"s estate/life insurance pay out etc for future child support for their child?

Sorry to take it completely OT. No need to answer though really, its a completely different topic lol

Soubrette

shell_542 wrote: »

Sorry, I didn't mean from the CSA. Was it not on here I read somewhere a "PWC" can make a claim on a deceased "NRP"s estate/life insurance pay out etc for future child support for their child?

Sorry to take it completely OT. No need to answer though really, its a completely different topic lol

Hmmmm, this actually rings a little bell with me - not in the situation of PWC though - more in the situation that anyone who has a reasonable claim that they rely on a person's support, may have a claim on that person's estate, even if not mentioned in the will.

This could apply for example to mistresses who have been supported by the deceased or children who have been left out of the will. I would think that this would cover any natural children who do not live with the deceased.

Don't take this as gospel though

Sou

Dancing_Shoes

Soubrette wrote: »

Hmmmm, this actually rings a little bell with me - not in the situation of PWC though - more in the situation that anyone who has a reasonable claim that they rely on a person's support, may have a claim on that person's estate, even if not mentioned in the will.

This could apply for example to mistresses who have been supported by the deceased or children who have been left out of the will. I would think that this would cover any natural children who do not live with the deceased.

Don't take this as gospel though

Sou

The children if under 18 and therefore minors would be able to claim against the estate but only for the sum they were recieving from the nrp before death and this would only be successful if there was a large pat. The mortgage and any other debts would be paid for first and there is a / chance that the claim would not be successful and of course it is costly so although the children would be able to qualify for legal aid the case would only continue if the surviving spouse etc didn't fight it as obviously there is only so much in legal aid money available. There would not be any claim for the ex as they lose their entitlement upon divorce and also if the nrp has not been paying child maintenance then there is no claim again unfortunately. TBH if you are the nrpp then you need to firstly ensure your partner/husband has a good will and then make sure you have a good solicitor to ensure you are successful in fighting these claims. Debt (money owed throught the CSA due to arrears) and future maintenance are 2 different things, I personally have a pot of money so that if the worst were to happen and my husbands children made a claim then we have the money to fight it till the end as it is wrong to expect an nrpp to pay maintenance for any children they have no responsibilty for.

Soubrette

Dancing_Shoes wrote: »

The children if under 18 and therefore minors would be able to claim against the estate but only for the sum they were recieving from the nrp before death and this would only be successful if there was a large pat. The mortgage and any other debts would be paid for first and there is a / chance that the claim would not be successful and of course it is costly so although the children would be able to qualify for legal aid the case would only continue if the surviving spouse etc didn't fight it as obviously there is only so much in legal aid money available. There would not be any claim for the ex as they lose their entitlement upon divorce and also if the nrp has not been paying child maintenance then there is no claim again unfortunately. TBH if you are the nrpp then you need to firstly ensure your partner/husband has a good will and then make sure you have a good solicitor to ensure you are successful in fighting these claims. Debt (money owed throught the CSA due to arrears) and future maintenance are 2 different things, I personally have a pot of money so that if the worst were to happen and my husbands children made a claim then we have the money to fight it till the end as it is wrong to expect an nrpp to pay maintenance for any children they have no responsibilty for.

Just to clarify - wouldn't they only have a claim on the estate for a lump sum - not for an income?

Sou

Dancing_Shoes

They would only be able to claim for the monthly amount of maintenance they were getting until they were 18 as this would then put them in the "adult" bracket. It would probably be down to solicitors to decide whether to go for this in a lump sum but there are lots of obstacles in the way before a claim would be successful, it also depends on whether there is enough in the pot for this amount as the spouses claim is the strongest. Our solicitor has said they have never had a case they have lost when fighting this sort of claim and believes there are lots of things you can do to prevent them being successful (legally) also all our major assets are in my sole name so they don't come into the "pot" so after the mortgage etc was paid off there would be very little left. This is where someone who has never paid regular maintenance will gain as you can only claim for what you have been recieving:rolleyes:

kelloggs36

Soubrette wrote: »

Just to clarify - wouldn't they only have a claim on the estate for a lump sum - not for an income?

Sou

Only for the arrears, not income.

Soubrette

Thanks DS

The CSA would continue a claim for the arrears against a deceased estate kelloggs but shell, DS and myself are talking about general claims against an estate based on whether or not a deceased person could be deemed to have a duty of care towards you.

This latter claim would have nothing to do with the CSA or child maintenance per se (although DS has pointed out you could only claim for the amount payable to you in life).

Sou

Dancing_Shoes

kelloggs36 wrote: »

Only for the arrears, not income.

That is via the CSA through solicitors the children (if under 18) could claim against the estate for future maintenance payments until they reach adulthood

Soubrette

Here's a link to explain the kind of claim we're talking about...

http://www.desktoplawyer.co.uk/dtl/index.cfm?event=article&node=B76300D76305A76045

Being nosey DS (so no need to answer ) what happens if you die first?

Sou