Are all owed child support payments dropped if the custodial parent has passed away?

Maybe. It depends on the specifics of the case and the estate.

When a person dies, his or her estate is managed by someone who is granted power of attorney by the state. In most states, this person is called an "executor" or "administrator," and may be appointed by the will writer or by the court. The executor's job is to take care of the deceased person's property—everything from selling off their assets to paying off their debts—and to see that his or her final wishes are fulfilled.

Is a dead parent's child support debt among the things that a probate court can compel an executor to address? Sometimes, yes. For example, in some states, child support payments are considered a family debt that must be paid off as part of the estate. However, if there isn't enough money in a decedent's estate to cover his or her debts, then child support obligations would likely be dropped along with other unsecured debts like credit cards.

The best way for you to start figuring out your rights and responsibilities is to talk with a lawyer right away—don't wait until you receive a call from the state demanding payment!

If you're the custodial parent of a child and have ever missed a child support payment, you might be worried that your recent death will mean all the payments you still owe to your child's other parent will be dropped. But don't worry: in most states, your child support obligation is calculated based on the number of children you have and the amount of time they spend with each parent. Call a lawyer to make sure you are protecting your rights.

Ascent Law LLC

8833 S Redwood Rd Ste C

West Jordan UT 84088

(801) 676-5506

https://www.ascentlawfirm.com/child-support/ 



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