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

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   Ruchee Patel

   Memphis Child Support Lawyer

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   Answered December 30, 2011 10:54. 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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   Timothy P. FlynnPro

   Clarkston Criminal Defense Attorney

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   Answered December 29, 2011 14:09. 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.

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