what happens to child support when custodial parent dies

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The death of a child'southward parent is a tragic fourth dimension all around, fabricated all the more than stressful by the financial uncertainty that may come with information technology. Specifically, how does the expiry of either parent bear upon child back up payments going forrad?

This is a complicated issue that will vary state by state and with individual circumstances, and it warrants legal council on behalf of the surviving parent and children. Because land laws govern kid support issues and enforcement, it is vital to research the rules in your state.

However, the general reply is that child support payments volition probable continue in some course after i parent dies, only steps need to exist taken to ensure this happens and make up one's mind if whatsoever changes need to exist made. But each family unit's instance will be unlike. No matter your specific circumstance, it is best to consult an attorney who specializes in family law matters. Whether the deceased is the custodial or not-custodial parent will make up one's mind what steps you should take side by side.

Decease of a Non-Custodial Parent

The death of the non-custodial parent may leave the custodial parent wondering how they will be able to continue to support their children. Generally, though, the legal and financial obligation of the deceased parent to the children does non end with their death. Thus, in many cases, child support is ordered to continue--but this is not guaranteed. Here are a few pertinent questions to enquire when determining how to continue receiving back up.

Life Insurance

Was in that location a life insurance policy that named your child as a casher? If so, the surviving parent should telephone call the insurance company to begin the process of collecting on the policy on behalf of the child. You will need a copy of the expiry certificate, which is important to take on hand for pursuing claims from life insurance policies along with some of the other avenues below.

Social Security Benefits

If the deceased parent was gainfully employed for a period of time, the surviving parent may be able to seek benefits on behalf of the child from the Social Security Administration (SSA). Generally, children upwards to age 19 (and still in high school, upward to grade 12), are eligible to receive SSA benefits. Additionally, children with a inability that began before historic period 22 tin continue to draw benefits into adulthood. These benefits are as well available in the example of a parent'due south disability.

Avails

A parent'south estate may include cars, houses, banking company accounts, and retirement funds, such as a 401k or an IRA, as well as any debts or taxes owed. If a parent does not have life insurance, the estate will likely become responsible for paying any child support payments that are owed. First, make up one's mind who the executor or personal representative of the estate is. This function is appointed by the land, unremarkably following the wishes of the deceased.

Touch on of a Will

If the deceased parent had a volition, it is important to determine what the will provides for the children and if other heirs are named (such as a spouse or other family members). If the parent died without a will in place, the distribution of assets will be determined by country law and at the discretion of the applicative probate court. An estate lawyer can help walk y'all through this complicated terrain.

Decease of a Custodial Parent

In the event that the custodial parent dies, the priority is determining kid custody. Candidates may include the not-custodial parent, grandparents, other relatives, or friends of the family. Again, each situation is unique. Ideally, custody or legal guardianship is something the parents had discussed and made a programme for prior to the death of the custodial parent.

Having a volition in place spelling out these wishes helps to make preferences clear and streamlines the process of setting upwards new a new custody arrangement. If the non-custodial parent assumes custody, they may exist able to seek a child support modification. They may as well seek child support from the custodial parent's estate to assistance with the expenses associated with raising children in addition to any Social Security or life insurance benefits.

If the non-custodial parent does not presume custody of the child after a custodial parent dies, whoever does accept on custody may exist eligible to pursue child support claims from the surviving parent. In this case, the kid's new flagman may be able to collect kid support from the non-custodial parent and seek back up from the deceased custodial parent'southward estate.

When the Deceased Parent Had a Partner

Matters can get more than complicated if the deceased not-custodial parent had a partner. Information technology'southward not uncommon for this person to go on receiving notices from the family unit courtroom when the deceased was charged with paying child support.

If the partner stands to inherit from the estate or owned property jointly with the deceased, you volition want to decide how that impacts the claims of the dependent children and vice versa. The distribution of assets from the deceased's estate and how the partner plays into the will are all issues that an estate lawyer can assist you with.

Information technology is important for the surviving partner to call the family court to explicate the partner'southward death. The court will likely require a death certificate as evidence and to verify the merits. In most cases, it should be mailed straight to the family court.

Seeking Legal Advice

It'southward terribly unfortunate when a parent dies and the priority is e'er helping the surviving children cope. However, just like the love the parent had for their children, the obligation to support a child does not die with them. It is in the child's best interest that the surviving parent or legal guardian continues to receive support so that the household of the child tin can exist maintained without interruption.

Legal help navigating these circuitous issues is almost always the best first pace in protecting the surviving children'due south interests. A parent who needs answers regarding the death of another parent should seek aid from qualified estate and family law attorneys in the state to hash out child support and inheritance. Additionally, an estate planning chaser can aid parents set for unforeseen circumstances, such as decease or disability.

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Verywell Family uses but high-quality sources, including peer-reviewed studies, to back up the facts within our articles. Read our editorial process to learn more virtually how we fact-check and keep our content accurate, reliable, and trustworthy.

1. Child Welfare Information Gateway. Standby Guardianship.

2. Social Security Assistants. Benefits for Children.

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Source: https://www.verywellfamily.com/death-of-a-parent-and-child-support-2997968

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