She does not have rights to his estate until all of his obligations have been met. Submit a claim to the executor of his estate or to the court if he did not have a will. Also, you should be entitled to Social Security benefits for the children, so check with the SS office near you. * No. In all US states the surviving spouse has first claim to all marital assets. This means that real property and assets jointly held when titled correctly will pass directly to he or she and will not be subject to probate procedures or other civil action pertaining to any debts. A claim can be made to the probate court for child support arrearages. Claims paid out of non exempt funds of a deceased are done in accordance to priority, child support arrearages in some states would be considered a high priority claim.
what happens if a parent dies and he still owes arreaers in child support? Is his current wife responsible for this debt?
Of course. Unless the non-custodial parent takes sole custody, the non-custodial parent is still responsible for paying child support to whomever the child goes to. There is no reason the death of a parent should terminate the other parent's child support obligation.
Social security
To be sure I understand your question, let's say, for example, you have custody of your child, and you want to know if you die can you keep your ex from receiving Social Security suvivor benefits. Do I understand it right? If so, then NO, you cannot prevent the child's other parent from receiving SS benefits. If you have custody, I assume the other parent is paying child support. If not, you need to taket him or her to court and sue for it. If s/he is paying child support, then that's good. If you are concerend that if you die the other parent would squander the money at the expense of your child (neglect, etc.) then you need to talk to an attorney to see what can be done. But this will be a tough one since it is customary for the surviving parent to receive SS benefits for the minor child if the custodial parent dies.
Both parents have a cause of action with respect to the child's wrongful death. Each parent is an heir of the child, in equal shares, absent a Will. hm im not 2 sure whys that Why? Because the divorce of a child's parents is not a divorce of a child from a parent. In other words, it does not terminate the parent-child relationship between the child and either parent.
i think the mother of the previous marriage would get her child, or if the parent is a bad parent the your husbands mom or dad would get the kid or posibly you would get the child
Of course not. Child support is for the support of a minor child. Why should the child be deprived of financial support if her mother dies. The order can be modified and it will be paid over to her legal guardian if that person is not the other parent.Of course not. Child support is for the support of a minor child. Why should the child be deprived of financial support if her mother dies. The order can be modified and it will be paid over to her legal guardian if that person is not the other parent.Of course not. Child support is for the support of a minor child. Why should the child be deprived of financial support if her mother dies. The order can be modified and it will be paid over to her legal guardian if that person is not the other parent.Of course not. Child support is for the support of a minor child. Why should the child be deprived of financial support if her mother dies. The order can be modified and it will be paid over to her legal guardian if that person is not the other parent.
Of course. Unless the non-custodial parent takes sole custody, the non-custodial parent is still responsible for paying child support to whomever the child goes to. There is no reason the death of a parent should terminate the other parent's child support obligation.
no
If the child is disabled, then yes, child support can be ordered for life.
The guardian gets the child support, but the child can receive social security on behalf of the deceased parent until they are 18.
Yes, and continuing child support owed after in states like Missouri where death is not a justiable cause for not paying support.
No order to enforce
Only if the child is severely handicapped.
Social Security Death Benefits until age 18.
Yes.
A non-custodial parent is responsible to pay child support whether or not the custodial parent has a boyfriend or a husband or not. This responsibility continues until the child reaches the age of 18 years unless the child dies or the court takes some action to end that responsibility.
For the state of Maryland in general, the support obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs last. A child will also automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies.