Thursday, January 21, 2010

Does child support cease when a parent dies ?

Hi





I was curious what happens to the issue of child support if the non custodial parent passes away before a child support order is even initiated ?





In this instance, the deceased non custodial parent is a non US citizen but has property in the US which is legally frozen.


A will is discovered but all assets are willed to the deceased parent's family in another country. How are such scenarios remedied?Does child support cease when a parent dies ?
I think this may vary from county to county and state to state, but if a parent dies the child is entitled to their parent's social security benefits. The child support might stop, and any arrears might be taken from their estate, but the social security payments should take over.Does child support cease when a parent dies ?
Periodic child support payments would stop immediately upon death, and if the support order never came into effect, there would be no way to receive support after the death. Creditors (such as custodial parent) are allowed to submit claims to the executor, and the executor has to pay the bills and taxes before the ';discretionary'; portions of the will are honored (whether to US or foreigh recipients). But it sounds like the custodial parent has no valid claim for child support from the estate of the deceased.
The child support obligation ceases when the non-custodial parent dies.





If there is any back child support, this could be taken out of the deceased's assets.





Also, I believe there are special rules for ';after-born children'; (i.e. children who are born after the execution of a will) which modify the provisions of the will. They might not apply, though, where there are no children who are included in the will (I can't remember).





Anyway, somebody here needs a lawyer.
Yes it does.





In the USA, a child has a claim by law to a part of his deceased parents estate ONLY in Louisiana.





In all other states a parent - custodial or non-custodial - can leave his entire estate to the local animal shelter if he chooses, and his kids have no recourse.





Richard
Death ceases child support. Child support doesn't take assets from an estate, unless legally owed.With a past due there is no owed, thus the estate doesn't owe.

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