What Happens to Monies Owed if I Should Die Tommorow

My question involves child support in the State of: California - My ex owes me over $30,000 in child support. The fellow that answered my call to the child support office said that the debt would be erased. Can you tell me if he's correct? And, if he is, how can I make sure his debt carries over to whoever becomes guardian? TY

The legal guardian may have a claim to your ex and/or his estate should anything happen to him.

Why wouldn't your ex become the custodial parent/guardian of the child if anything happened to you?

My ex has no job, no car, no license, and recently moved back in with his father.

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Quoting Momica

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My ex has no job, no car, no license, and recently moved back in with his father.

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....and?

None of this makes him an unfit parent.

True. But he can't afford to feed and cloth himself, how could he feed and cloth our kids?

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Quoting Momica

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True. But he can't afford to feed and cloth himself, how could he feed and cloth our kids?

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That is not your problem. It is his child also. You cannot give away his parental rights.

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Quoting Momica

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True. But he can't afford to feed and cloth himself, how could he feed and cloth our kids?

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Doesn't matter, honestly - the courts cannot use poverty against him when it comes to custody.

Who is your intended guardian (there's a reason for my question :) )

Our kids are 16, 14, and 9. My sister and bro-in-law would take great care of all three of them, but it's my youngest I worry about the most. They would love him like I do.

Does he currently see the kids? (Sorry to keep asking questions - but the answers do help us help you)

I love the questions! There is a court order in place saying he gets the kids three weekends (1st, 3rd, and 4th) each month, but regular visits were stopped (by him) back in late February.

In other words up until fairly recently he was actively seeing the kids? Then I'm sorry, but if the worst were to happen (and let's hope that this question never actually has to raise its ugly head in real life), Dad would be first in line for custody.

IF he wasn't willing or able, then your choice of standby guardianship would quite likely be followed by the court. If that did happen, the guardians would then be entitled to file for child support from Dad.

With regards to already-accrued arrears, recovering those would be up to your estate. CSE can take it off their books, but that doesn't mean the debt is actually erased. It just means that CSE won't enforce or try to collect.

I just want what's best for our kids. Their dad has a long history of drug abuse (and arrests), and if he ever got himself together he would make a pretty good dad. Would the courts order him to randomly drug test for a while?

Not a chance unless you have recent proof that he's using. And even then, you'd usually have to show that the drug use is endangering the kids.