The Estate and Child Support | Till Debt Do us Part?
What happens to child support arrears after a parent dies?
Let us take a look at Texas Family Code:
Texas Family Code – FAM § 154.015. Acceleration of Unpaid Child Support Obligation
(a) In this section, “estate” has the meaning assigned by Chapter 22, Estates Section 3, Texas Probate Code.
(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.
(c) For purposes of this section, the court of continuing jurisdiction shall determine the amount of the unpaid child support obligation for each child of the deceased obligor. In determining the amount of the unpaid child support obligation, the court shall consider all relevant factors, including:
(1) the present value of the total amount of monthly periodic child support payments that would become due between the month in which the obligor dies and the month in which the child turns 18 years of age, based on the amount of the periodic monthly child support payments under the child support order in effect on the date of the obligor’s death;
(2) the present value of the total amount of health insurance and dental insurance premiums payable for the benefit of the child from the month in which the obligor dies until the month in which the child turns 18 years of age, based on the cost of health insurance and dental insurance for the child ordered to be paid on the date of the obligor’s death;
(3) in the case of a disabled child under 18 years of age or an adult disabled child, an amount to be determined by the court under Section 154.306 ;
(4) the nature and amount of any benefit to which the child would be entitled as a result of the obligor’s death, including life insurance proceeds, annuity payments, trust distributions, social security death benefits, and retirement survivor benefits; and
(5) any other financial resource available for the support of the child.
(d) If, after considering all relevant factors, the court finds that the child support obligation has been satisfied, the court shall render an order terminating the child support obligation. If the court finds that the child support obligation is not satisfied, the court shall render a judgment in favor of the obligee, for the benefit of the child, in the amount of the unpaid child support obligation determined under Subsection (c). The order must designate the obligee as constructive trustee, for the benefit of the child, of any money received in satisfaction of the judgment.
(e) The obligee has a claim, on behalf of the child, against the deceased obligor’s estate for the unpaid child support obligation determined under Subsection (c). The obligee may present the claim in the manner provided by the Estates Code.
(f) If money paid to the obligee for the benefit of the child exceeds the amount of the unpaid child support obligation remaining at the time of the obligor’s death, the obligee shall hold the excess amount as constructive trustee for the benefit of the deceased obligor’s estate until the obligee delivers the excess amount to the legal representative of the deceased obligor’s estate.
Let us define the terms in this code. First, Obligor means the payor, the person responsible for paying the child support.
The obligee is the person receiving the child support.
Does child support end when non-custodial die?
No, child support does not end on your (non-custodial’s) death. The judge calculates how much child support will accrue from the month of death until the month child turns 18. This is the explanation for part A.
Your estate will be responsible for this amount. This amount can be claimed by to obligee in probate court.
For questions, call our law office. (832) 529-1255.
