What Will Happen to My Child Support if My Ex Dies?

Posted March 25th, 2015 by .

Categories: Family Law.

child-support-payments-after-deathYour ex-spouse is responsible for paying child support every month. But he unexpectedly dies one day. You were counting on his support to help with your child’s expenses. Now what will happen? Will child support continue or will you have to struggle to find a way to pay these expenses?

It’s something no one wants to happen. But unfortunately, death can come at any time. But what will happen to your child support payments if your ex-spouse does die? Well, rest assured, payments will probably continue, although the arrangement you made during your divorce will have to be modified.

If your ex-spouse dies, the court will look into the following sources to see how child support payments can still be processed:

  • Life insurance – This is usually the place where payments will come from. Generally the parent has named his/her children as beneficiaries to his/her life insurance policy.
  • Social Security – Even if your ex does not have a life insurance policy, chances are he/she has a Social Security account. Although specific paperwork will have to be filed, child support is usually the first thing that payments from Social Security will go to.
  • The parent’s estate – Support payments can be taken out for the parent’s assets, such as property, bank accounts, and automobiles. But be careful when dealing with the estate — creditors will be going after the estate as well.

Are you going through a divorce? Or are you having issues collecting your child support? For more than 25 years, the Law Offices of Anthony Carbone has been handling divorces throughout New Jersey. Contact us today for a free consultation.

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