The death of a parent is a very difficult event for everyone to deal with. Some of the areas that DoNotPay can help with include: DoNotPay was created to help make your life easier. What happens to the back child support when the custodian parents dies and the child is over 18. In Estate of Jameson (1964) 224 Cal.App.2d 517, it was an abuse of discretion to deny an allowance to a minor child on the theory he had a reasonable maintenance derived from other property under Probate Code section 682 when all that he had were social security payments. Q. There are instances when a judge may order the money to be sent to the child instead of the custodial parent after the child's 18th birthday. A supporting parents estate, for purposes of a child support order, includes property placed in a living trust. . 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. Situations for which child support may continue after age 19. My ex husband was an addict. Ordinarily, unless arrears are owed, the recipient of the payment has no claim against the payer's estate. Phyllis MacCutcheon licensed in CT and NM only. **Answers are correct to the best of my ability but do not constitute tax or legal advice. What happens to child support arrears when custodial parent dies in Maryland? Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. If the non-custodial parent assumes custody, they may be able to seek a child support modification. 154.015 states that: "(b)If the child support obligor dies before the child support obligation terminates, the remaining unpaid balance of the child support obligation becomes payable on the date the obligor dies. Our new name is May Law, LLP, but weve been serving our clients since 1995. The child support formula is based solely on the net monthly income of the non-custodial, or paying, parent. Protecting Yourself From False Accusations. In addition to helping you with child support, we also have a wide range of other services, which include: We have helped over 300,000 people with their problems. It's not uncommon for this person to continue receiving notices from the family court when the deceased was charged with paying child support. Every familys case is different and difficult. My ex husband owes me arears in child supportchild support says it will come out of his estate.. Lisa Karges, Florida Resident Partner - Tampa, FL. If all of the payments are made, the case is typically closed. In this case, the surviving partner must call the family court to explain their partner's death. The Importance of Disclosure and Financial Consistency in Divorce and Tax.