The death of a parent is an emotionally and financially difficult time. In some cases, the deceased parent was legally obligated to pay child support. For custodial parents and children, child support may be collected from a deceased parent in certain circumstances.
Keep reading below to learn more about recovering child support and other benefits after a parent’s death to help address a child’s basic needs.
Understanding the Nature of Child Support Obligations
Child support is a court-ordered financial obligation that one parent pays to the other to assist in the care and upbringing of their child. It is supposed to provide for the child’s basic needs, including housing, food, clothing, education, and healthcare.
Importantly, child support is considered a legal debt. This means that if a parent dies while owing child support (either current or arrears), the debt does not automatically vanish. Instead, it becomes a claim against the deceased parent’s estate.
Child Support Claims Against the Estate
If the parent who owed child support passes away, the surviving parent or guardian can typically file a claim against the deceased’s estate during probate proceedings. Probate is the legal process by which a deceased person’s assets are distributed according to their will or under the laws of intestacy (if no will).
The claim must be filed within the statutory deadline for creditors to make claims against an estate. This varies by state, ranging from a few months to a year.
The claim can usually include any arrears (unpaid past child support) and, in some cases, a lump-sum equivalent of future support owed until the child reaches the age of majority.
Of course, the estate must have sufficient assets to satisfy the claim. If the estate has more debts than assets, child support may have to compete with other creditors under the priority rules established by state law.
Life Insurance as a Source of Child Support
Some divorce or child custody agreements include provisions requiring the obligated parent to maintain a life insurance policy with the child (or custodial parent) as the beneficiary. This is one of the most effective ways to secure continued support in the event of death.
Social Security Benefits for the Child
If the deceased parent was eligible for Social Security, dependent children may qualify for Social Security Survivor Benefits. These are not child support per se, but they can provide a financial lifeline. The surviving parent or guardian should contact the Social Security Administration to determine eligibility.
Courts sometimes credit these payments against the child support obligation if they are considered a substitute for the deceased parent’s earnings.
How a Lawyer Can Help Determine Your Rights
While the death of a parent complicates child support collection, it does not automatically extinguish the obligation. However, every case is fact-specific, and timely legal advice is crucial to preserve your rights and secure available financial resources.
An experienced family law or probate attorney can be instrumental in securing unpaid or future child support after a parent’s death.
They can help you by:
- Evaluating your legal options, reviewing the child support order, and determining whether claims for unpaid or future support are viable
- Filing a claim against the estate
- Locating assets, life insurance, retirement accounts, and other hidden assets
- Pursuing Social Security survivor benefits
- Representing you in probate or family court if disputes arise
- Negotiating a settlement that helps address your child’s needs
Timeliness is essential, as there are strict deadlines for filing claims against an estate.
Contact Conti Moore Law Divorce Lawyers, PLLC, to Schedule a Free Consultation With an Orlando Child Support Lawyer
If you’re navigating the loss of a co-parent and are unsure how to secure unpaid or future child support, our team is here to help. At Conti Moore Law Divorce Lawyers, PLLC, we can review your situation, explain your legal options, and help you pursue the financial support your child deserves.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
