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What happens if the CUSTODIAL parent dies and the non-custodial parent was paying child support, is that terminated upon death?

Hendersonville, TN |

Does the non-custodial parent assume custody of the minor child?

Attorney Answers 2


If the PRP/Custodial Parent dies, and absent any restrictions on parenting, yes, the ARP/NCP becomes the sole caregiver of the child. If there were child support arrears and any State involvement in the collection of child support, you may still owe a child support balance, but the current order should terminate absent any deviations. Also, you should make sure that the court jacket and child support office is updated and reflect the change in circumstances.

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If there are no arrears owed to the state, and the non-custodial parent takes custody, then support would cease. The family court and/or the county friend of the court needs to be notified of this death as well as any change in custody this precipitates.

The response to this post is not intended to provide specific legal advice or to create an attorney client relationship. Nor does our response to your post constitute solicitation for legal fees.

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