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If the non custodial parent dies, what happens with child support? Is the new wife responsible for the continue payment.

Sacramento, CA |

What would happen if the non custodial parent who is paying child support suddenly dies? Is the child support immediately terminated or what can be done to continue the support. Can the money be obtain from the decease father property left to his new family? or what can be done

thank you

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Attorney answers 1


Good question. If there is an order for the payment of child support in place, the payor's death does not automatically terminate the order. The estate of the deceased must petition the court to modify the order based on death of the deceased. As to any outstanding child support arreas (unpaid child support) those amounts survive the death of the payor and can be collected against the estate or trust.

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