Legal Question in Family Law in Kentucky

Spouse Dies--What about child support?
I share joint custody of my children with my ex-wife and pay her child support. At the present she is in the hospital with terminal cancer and has maybe only days to live. My children have been staying with me 100% for the last sevral weeks. Does my obligation to pay support to her, and my lack of sole custody, end with her death, or must I go back to court to terminate the existing order and custody agreement? Her estate is fairly bankrupt, and I wold hate to have to keep paying money for my kids' support that would only go to satisfy creditors. The only statutes I have seen deal with the ''payor'' of support passing away, not the ''payee''. Both of us reside in KY and the divorce and custody agreement were in KY as well.

Asked on 10/04/08, 1:49 am

2 Answers from Attorneys

Suzanne Van Wert Van Wert Brown

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Re: Spouse Dies--What about child support?

Unfortunately, an order for support does not "automatically" end. Most likely (depending upon the terms of the original support order) you will have to file a motion with the court to end your child support obligation.

I suggest that you do this relatively quickly, since you will continue to be obligated for child support until an order otherwise is entered in the court's record.

Be advised, the foregoing is for informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship.

Answered on 10/04/08, 9:22 am

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Thomas McAdam Thomas A. McAdam, III, Attorney

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Re: Spouse Dies--What about child support?

The death of your ex-wife will automatically make you the sole custodian of your children, since you already are a joint-custodian.

Similarly, your obligation to pay support to her ceases at her death, although any arrearage judgment against you may be a debt which will be owed to her estate.

If your child support payments come from a wage assignment, or are paid through your County Attorney's Office, it is important that you return to Court immediately to modify the Court's Order.

You are best advised to seek the services of a competent Kentucky Family Law attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

[email protected]

Answered on 10/04/08, 3:31 pm

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