What happens to child support payments when the parent paying the support dies?

Answer 1

If she had a will and left the child to a guardian then that may continue or if the person paying the child support takes the child it would stop. The court appoints a temporary guardian, usually the non custodial parent when possible and/or a Guardian Ad Litem. The child support order remains in affect because the money is meant for the child not the custodial parent. If the obligated parent is not awarded custody of the child, the child support will be paid to whomever the court appoints by means of the child support enforcement guidelines, until the child reaches the age at which the support is terminated by the court or the child is adopted.

Answer 2

Obviously the parent can not pay child support if the parent dies. You can go to the social security office and apply for Survivor benefits for your child. The decease parents work credits will be calculated and you and the child will receive a monthly check from social security and possibly a one time payment of $250.00 as well. These payments will continue until the child is 18 or graduates highschool. If the parent who has died would be eligible for a tax return you can also file for that on behalf of the child on the upcoming tax year. Also, do not forget that your child has a claim to the decease parents estate.

In most jurisdictions in the United States the minor child will be an heir at law of the father's estate if he has an estate. Even if the father had a will and left his estate to someone else the minor child is entitled to a portion by law.

Answer 3

There is nobody left to make the payments, so it ceases.

In most cases the child support ends upon the death of the parent paying the support,there are a few States that require a parent that is paying child support to carry insurance to cover the remaining amount of child support if the parent should die..

A child may also be able to receive payments from the deceased parents social security....IRA's,401K's,pension plans,deferred comp plans and other investments and posessions are subject to the State laws governing the deceased parents Estate..and may or may not be available to the child

Answer 4

The order for child support dies with the person it was entered against, like most legal proceedings. However the child would then be entitled to social security or pension payments, as well as possibly share in any estate that was left by the deceased parent under the estate and probate laws of the parent's state.
The exception is states like Missouri which requires insurance to be carried to cover it. If not carried, the estates of both the obligor parent, and his/her parents, can be attached.

Answer 5

Child support payments will transfer to whomever has legal custody of the child but the court must be notified of the death and the child support order must be modified if the legal guardian will be other than the non-custodial parent. The non-custodial parent may petition for full legal custody and if successful the child support order will be terminated.

Answer 6

In simplest terms, the child support goes with the child. Most often it is not a matter of the child's choice with whom he will live. If the father has been making child support payments to the mother, and the mother dies, but the father still retains parental rights, the child automatically goes to the father's custody. If the mother has made guardian arrangements and the father has agreed to these (signed off), then the child support payments will automatically revert to the named guardian. It might require some adjustment on the part of the courts, but it is pretty automatic. If the father for what ever reason has lost parental rights, and the custodial mother has not named a guardian, the child will be placed with the next nearest relative, or if one cannot be located or none suitable are available be placed in foster care and the child support will go to the state.

Child support follows the child.

Answer 7

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Answer 8

That depends on the law where you live, but in general, when a deceased person's estate owns certain types of assets, called probate assets, then the estate will be subject to a probate court proceeding in order to get the probate assets out of the deceased person's name and into the names of the rightful heirs. You need to contact that court in the county where the non-custodial parent resided to see if there is a cause on the calendar and if so, either attend or file a motion for diversion of probate assets.

In no case is child support re-assigned to another individual upon the death of the non-custodial parent, although a grandparent or other relative may volunteer for the responsibility if they so desire. However again, this is not something the courts will expect or pursue, it is entirely up to the individual.

You should probably seek the assistance of an attorney for help. There may be non probate assets involved (such as life insurance policy beneficiaries, 401k funds, etc.) that the child may be entitled to. It is your responsibility to make sure they get whatever may be due them from the deceased parent's estate.

Answer 9

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Answer 10

Back support still has to be paid