What happens if someone who’s been paying child support dies? How does that work, does their estate cover all the child support payments? And what if they had debts to other parties, does child support take precedence over those? Also, does the custodial parent receive any funds after the deceased parent’s passing?
It likely varies based on the divorce agreement. In my case, the divorce decree states that my ex’s estate is liable for child support payments. However, I’m not confident about him having any assets to cover it, given his financial situation.
There’s also the possibility of Social Security survivor benefits, which can sometimes provide more support than child support. Though I’ve heard that the eligibility criteria for these benefits have changed recently, and some who were once eligible may no longer be, though I’m not a lawyer, so I’m not certain about the details.
My parents split up when my sister and I were grown. Dad paid alimony and was pretty decent about it; he even included Mom in his will, with the amount decreasing each year to fulfill the terms of the alimony agreement. Sadly, the payments ended up coming out of his estate instead of being paid directly by him.
Child support ends in the US when there is no one left to make the payments.
The custodial parent or court-appointed guardian may apply for Social Security Survivor benefit payments if the children qualify. If authorized, each child will get monthly payments until they turn 18 (19, if they are still in high school).
Fortunately for us, since my ex had fallen far behind on his payments, the Social Security benefits exceeded the child support payments.