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She has more than 15 years of experience crafting stories in the branding, licensing, and entertainment industries. code or county). Custodial Parent's Duty to Support The custodial parent still has the duty to provide . My sons are the only children. Our daughter is 26 years old and he passed with over $66k child support in arrears. The first place that child support can usually be derived from the deceased parent's life insurance policy. Every familys case is different and difficult. Home / Articles / Are child support arrears dismissed when the spouse dies? To determine what the next step should be, it will depend on whether the deceased is non-custodial or the custodial parent. Often, a non-custodial parent must purchase a life insurance policy designating the child as the beneficiary. My support finally stopped (I Think) 3 or 4 months after he died and only because my youngest child was 21. Regarding future child support payments, the court (whether probate or family) has jurisdiction and discretion to consider what income and assets of the estate or trust are available for support, and to consider what other income is being received by the children, including social security benefits. If you represent the recipient of child support, be sure to seek support against the estate of the deceased child support payor. If the custodial parent is now deceased, the child as a grownup may be permitted to start collection proceedings on behalf of the deceased parent's estate. A New Jersey appeals court has held that child support payments past due at the time of a recipient's death belong to the estate of the decedent, not to an emancipated child of the deceased. It is common practice to appoint someone to negotiate on behalf of the children with a representative of the estate. Learn about child support tax laws in your county, Find out what you can use your child support payments on, Discover different punishments that you could face for not paying child support, Fight for compensation in small claims court, Send a Notice of Intent letter for your homeschooled child, 10 years after child support obligation ended. If the people to whom the child support is owed are the same as the pension beneficiaries, might be simpler to just close the estate and pay out the pension. Although this ruling was judicial error, the trial court can nevertheless consider such benefits in ruling on the executors motion to modify the support obligation. (Emphasis added).