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If she had a will and left the child to a guardian then that may continue or if the person paying the child support takes the child it would stop. The court appoints a temporary guardian, usually the non custodial parent when possible and/or a Guardian Ad Litem. The child support order remains in affect because the money is meant for the child not the custodial parent. If the obligated parent is not awarded custody of the child, the child support will be paid to whomever the court appoints by means of the child support enforcement guidelines, until the child reaches the age at which the support is terminated by the court or the child is adopted.

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17y ago
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12y ago

Obviously the parent can not pay child support if the parent dies. You can go to the social security office and apply for Survivor benefits for your child. The decease parents work credits will be calculated and you and the child will receive a monthly check from social security and possibly a one time payment of $250.00 as well. These payments will continue until the child is 18 or graduates highschool. If the parent who has died would be eligible for a tax return you can also file for that on behalf of the child on the upcoming tax year. Also, do not forget that your child has a claim to the decease parents estate.

In most jurisdictions in the United States the minor child will be an heir at law of the father's estate if he has an estate. Even if the father had a will and left his estate to someone else the minor child is entitled to a portion by law.

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13y ago

There is nobody left to make the payments, so it ceases.

In most cases the child support ends upon the death of the parent paying the support,there are a few States that require a parent that is paying child support to carry insurance to cover the remaining amount of child support if the parent should die..

A child may also be able to receive payments from the deceased parents social security....IRA's,401K's,pension plans,deferred comp plans and other investments and posessions are subject to the State laws governing the deceased parents Estate..and may or may not be available to the child

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14y ago

The order for child support dies with the person it was entered against, like most legal proceedings. However the child would then be entitled to social security or pension payments, as well as possibly share in any estate that was left by the deceased parent under the estate and probate laws of the parent's state.
The exception is states like Missouri which requires insurance to be carried to cover it. If not carried, the estates of both the obligor parent, and his/her parents, can be attached.

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12y ago

Child support payments will transfer to whomever has legal custody of the child but the court must be notified of the death and the child support order must be modified if the legal guardian will be other than the non-custodial parent. The non-custodial parent may petition for full legal custody and if successful the child support order will be terminated.

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12y ago

In simplest terms, the child support goes with the child. Most often it is not a matter of the child's choice with whom he will live. If the father has been making child support payments to the mother, and the mother dies, but the father still retains parental rights, the child automatically goes to the father's custody. If the mother has made guardian arrangements and the father has agreed to these (signed off), then the child support payments will automatically revert to the named guardian. It might require some adjustment on the part of the courts, but it is pretty automatic. If the father for what ever reason has lost parental rights, and the custodial mother has not named a guardian, the child will be placed with the next nearest relative, or if one cannot be located or none suitable are available be placed in foster care and the child support will go to the state.

Child support follows the child.

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12y ago

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

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11y ago

That depends on the law where you live, but in general, when a deceased person's estate owns certain types of assets, called probate assets, then the estate will be subject to a probate court proceeding in order to get the probate assets out of the deceased person's name and into the names of the rightful heirs. You need to contact that court in the county where the non-custodial parent resided to see if there is a cause on the calendar and if so, either attend or file a motion for diversion of probate assets.

In no case is child support re-assigned to another individual upon the death of the non-custodial parent, although a grandparent or other relative may volunteer for the responsibility if they so desire. However again, this is not something the courts will expect or pursue, it is entirely up to the individual.

You should probably seek the assistance of an attorney for help. There may be non probate assets involved (such as life insurance policy beneficiaries, 401k funds, etc.) that the child may be entitled to. It is your responsibility to make sure they get whatever may be due them from the deceased parent's estate.

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12y ago

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

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14y ago

Back support still has to be paid

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Q: What happens to child support payments when the parent paying the support dies?
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Is it possible for the non-custodial parent to pay child support in advance to avoid paying monthly?

The usual method of paying child support is by income withholding. There's nothing wrong with paying in advance, but let the custodial parent know what you're doing and DO NOT send the payments to her - make your payments by check to the State Disbursement Unit or to the courts.


Are father and stepmom responsible for child support?

The biological parent is legally responsible for paying child support. A step parent is not legally responsible for paying child support.The biological parent is legally responsible for paying child support. A step parent is not legally responsible for paying child support.The biological parent is legally responsible for paying child support. A step parent is not legally responsible for paying child support.The biological parent is legally responsible for paying child support. A step parent is not legally responsible for paying child support.


What happens to child support payments when also paying full college tuition?

Whatever the amount that is ordered for support is still valid unless the non custodial parent files for an amendment of the order. The issue of payment for education is a separate one from the matter of monetary support.


Do you have to pay back child support if you and your wife divorce?

If there is a support order in affect the obligated parent is responsible for keeping payments current and paying any arrearages. If the order was mandated after the divorce decree and the couple lived separately there may still be arrearages for support that the non custodial parent is responsible for paying.


Getting Child Support from an Absent Parent?

It is not uncommon for an absent parent to stop paying the child support that he or she has been ordered by the courts to pay. The reasons for non-payment vary, but the bottom line is that the parent is bound by law to continue paying the required amount each month.Your Legal RightsAs the custodial parent, you have the right to seek any child support payments that have not been paid on time. The custody payments are intended to make sure that the non-custodial parent contributes his or her fair share toward the child's welfare. It does not matter what the non-custodial parent's employment situation is or how difficult the payment may be for that parent, the law requires that the payments be made each month. If a parent stops paying child support on time, the custodial parent has the right to contact the authorities to enforce the payments.How a Lawyer Can HelpIt is easy to recommend that a custodial parent contact the authorities to begin the process of tracking down child support payments. Unfortunately, once the parent notifies the police, the legal issues can become complicated. Hiring a lawyer who has experience in child support situations will help you fight for your child support in an efficient manner that will lead to a faster renewal of support. Unless you are a legal expert, attempting to track down and force an absent parent to pay child support will take longer and be more difficult if you try to do it on your own.Consequences for the Non-Paying ParentAn attorney can help you understand the different avenues that you can pursue in order to receive child support. The absent parent could face fines, jail time, or probation if he or she does not begin making payments on time. In some cases, the state will garnish a parent's wages so that the child support payments are taken out of that person's paycheck directly. The funds could also be taken out of the non-paying parent's taxes or bank account. A non-paying parent could have his or her driver's license suspended or experience seizure of vehicles or homes that are not fully paid for. If necessary, the case can go to court.


What happens to your child support in Texas if you get remarried?

Currently, nothing specific. After all, the parent paying child support is still the child's parent and obligated to support her. Only five states specifically take it into consideration.


Child disowns parent paying child support in Texas does parent have to pay child support?

yes


Can one parent seize the payment of child support the other parent is paying?

no


What are some benefits to using the government for Arizona child support?

By using Arizona child support, the recipient of such payments has many means by which to halt delinquency from the paying parent. If the paying parent is delinquent, he or she may be denied a passport, their tax refunds or lottery winnings could be intercepted in lieu of payment, and government-issued licences may be suspended.


Who is exempt from paying child support UK?

Everyone who is not the biological parent or adoptive parent.


What happens when a person paying child support moves in with new partner or remarried?

What do you think should happen? Remember, it will equally be applicable to the custodial parent.


In WI can the parent paying child support demand an detailed accounting of how the placement parent spends the child support money on the child?

No.