Does Child support stop when the person paying it dies?

Question

My dad died a year ago. He was fully divorced from his ex wife and they had one child together. The child was three at the time of my dad's death. In the divorce decree there was nothing that stated that any money was to be designated to go to him to fulfill child support after death. The mother is now pushing and saying that my half brother is entitled to child support after my fathers death. As far as I know child support ends the day the person dies as long as all the payments to that point are paid. Am I correct in the assumption that because all the child support was paid up until the time of my father's death, that there is no more to be paid.

Answer 1

I am so sorry for your loss. But I'm sure that the mother could challenge the estate of your father in court for an equal share for his minor son he left behind. I also think that it would be rather greedy for you or another sibling to challenge her if she chooses to do so. Your father should have had this taken care of after the birth of this child. This is just another reason why everyone should maintain an updated will. If there is money that your father left behind don't you feel your younger sibling should have just as much entailment to it as you do?

Answer 2

Child support is based on wages and income tax (if behind) if there is no one to earn the wage then there is no more support. The others are right however, your step mom can apply for social security for him and that will replace the child support. She should however make sure to contact the child support office and let them know of the change and they may even be able to help her with applying for social security. I just wanted to say to that I am very sorry for your loss.

Answer 3

If you live in the US... No, he/she is not entitled to *child support* from the estate (but he likely is entitled to a portion of the estate).  Tell Mom she needs to contact the social security office and ask them what she needs to do to apply for 'survivors benefits' for the child. Then they'll send her a check each month...so, it’s the equivalent of child support basically.

Answer 4

That child should get social security  

Answer 5

That child should get social security from his account.  Contact the IRS and ask them.

Answer 6

After death the wife gets the husband's social security money.

Now, whether some of this can go to you or not, you would have to ask the Office for Social Security Benefits. Any child of his would be entitled if there is money to be given, including your half siblings.

Answer 7

You and your siblings would not be responsible for continuing child support; does she have a lawyer or is she just calling and asking for money?

Answer 8

im sorry but once an absent parent passes away where does the mother think the money is gonna come from?? the fathers deceased..

now if he was collecing social security then there may b some benefits from there that she may collect on behalf of the child...but she would have to look into that..

  

Answer 9

I'm sorry for your loss.

She can't hold the family responsible for child support.  If your father had a will that didn't take the child into consideration, his mother could contest it in an effort to collect a percentage on the child's behalf.  If there is no will, his estate will enter probate and she can make a claim on the child's behalf.  So, she can't hold anyone in the family responsible but she can try to stake a claim to part of the estate on the child's behalf.  It is highly unlikely, especially since they were divorced, that a court would divide the estate unequally because of the loss of child support.  Each of his children will receive an equal share.  If the child is a minor, she will be able to collect Social Security survivor's benefits on his behalf.

Answer 10

Your brother is entitled to part of your dad's estate. Deal with it.

Answer 11

The child should get social security survivors benefits. A deceased person cannot pay child support.

Answer 12

As far as child support goes , yes it does end when the person paying the support passes away .

How ever the child will be eligible for social security benefits , Your dads ex needs to contact the Social Security Administration and let them know that the child's father has passed and that she needs to sign up for survivors benefits .

Answer 13

he is dead he can't pay child support so no.

Answer 14

Both mothers of both children sign up to receive your fathers Social Security

Answer 15

you are wrong! the social security will take care of the child.  

Answer 16

You are correct.  If your step mother is wise, she can apply for benefits from your father's social security.  Your half brother is eligible to receive benefits until age 18.