What happens if a parent receiving child support dies?
If a parent receiving child support passes away, the child support payments will usually end. In these cases, the court will usually no longer require the remaining parent to make support payments. The only exception to this is if the court has ordered the parent to make payments to a third party to cover the costs of the child’s care, such as for educational expenses or medical bills. In these instances, the court may order the payment to continue in the same amount even after the parent receiving child support has passed away. The remaining parent is also expected to use the funds previously designated for child support payments to provide for the care of the child. This means the parent must use the money for the necessities of the child, such as food, shelter, clothing, and other items necessary for the child’s wellbeing. In the event that the parent receiving the child support payments had made a specific plan for the child’s care prior to the parent’s death, the court may honor that plan. If the parent had named a guardian for the child, the court may also approve that guardianship if applicable. Whatever the outcome, it’s important for the remaining parent to consult with an attorney for advice on what to do in the event of the death of a parent receiving child support payments. An attorney can help assess the case and provide guidance on how to best ensure the child’s continued care.
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