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.