Obligation To Pay Child Support If Ex Dies
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Learn more about what happens if a parent dies.
The death of a parent is a devastating event in and of itself, made even more distressing by the financial uncertainties that may accompany it. It’s heartbreaking to contemplate this scenario through the eyes of a child. Even though it is difficult to contemplate, the death of either the custodial or non-custodial parent should be considered.
Death of a Non-Custodial Parent
When a parent paying child support dies, the custodial parent may be concerned about where the money will come from. It is tragic when a parent who has been charged with child support passes away. However, the responsibility to support a child does not die with the parent.
The first source of funds to consider for continuing child support is a life insurance policy. For the surviving parent to lodge a claim, the children or the custodial parent should be specified as beneficiaries on the life insurance policy. Payments can also be obtained by selling a parent’s assets, which might include real estate and stocks.
If the deceased parent worked for a long time, the surviving parent may apply for Social Security benefits on behalf of the child.
As per the Michigan Friend of the Court rules, the only conditions under which child support obligations may be canceled are:
- attain the age of majority
- is emancipated
- enlists in the military
- marries
- has been adopted
- is assigned to the support payer.
- dies
According to the FOC regulations, child support duties stop when the payee dies, and no legal duty with a third party is formed.
Death of a Custodial Parent
If the custodial parent dies, deciding child custody gets priority. Potential candidates include the non-custodial parent, grandparents, other family members, and close family friends. Remember, every case is different. Custody or legal guardianship should have been discussed and planned upon by the parents before the custodial parent’s death.
Having a will that specifies these intentions simplifies and expedites the process of creating a new custody arrangement. If the non-custodial parent obtains custody, they may be able to request a child support modification. On top of any Social Security or life insurance payouts, they may request child support from the custodial parent’s estate to meet the cost of child-rearing.
If the non-custodial parent doesn’t take custody after the other parent dies, the person who does may be entitled to file a child support claim against the remaining parent. In this case, the child’s new guardian may be allowed to request financial assistance from the estate of the deceased custodial parent and demand child support payments from the non-custodial parent.
Seeking Legal Counsel from a Child Support Attorney
Legal assistance in understanding these difficult challenges is almost always the best way to proceed in defending the interests of the surviving children. Contact Goldman & Associates for legal guidance on any family law matters, including how a parent’s death impacts child support and custody. Make an appointment today.