What happens if a parent receiving child support dies?

If a parent receiving child support in California passes away, the outstanding child support payments still need to be paid. However, the responsibility of paying the remaining balance shifts to the deceased parent’s estate. This is normally the responsibility of the Executor of the deceased parent’s estate. If no Executor is designated, then the courts will appoint one. In cases where the deceased parent did not have an estate, such as in the instance of a death with no will, then the payments will be made using any assets of value in the deceased parent’s name. If there are no assets to seize, then the responsibility of paying the remaining balance shifts to the state. The Department of Child Support Services in California will help the custodial parent collect the balance from any available sources. In some cases, the deceased parent may have established a life insurance policy that would provide benefits to the custodial parent or children. This would help ensure they receive the remaining child support payments owed. In all cases, the custodial parent should contact the Department of Child Support Services immediately after the passing of the other parent to ensure they receive the remaining payments that are owed.

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