Legal Question in Family Law in Texas

Child Support when one parent dies

In my child support ruling it states that my estate has to continue making child support payments until my daughter turns 18 (she just turned 9 last month). Is that something my ex-wife will have to take my current wife to court in order to enforce? Also, is that something that is often granted by the courts? Please advise at your earliest convenience.

Thank you!


Asked on 7/02/09, 10:11 am

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Child Support when one parent dies

It is a fairly normal provision. In most decrees there is also an offset that applies anything the child receives from Social Security or any survivor benefits against the child support obligation.

Who your ex would have to take to Court if your estate doesn't fulfill its child support obligations will depend on who the Executor of your estate is. That is who will be responsible for seeing the support is paid.

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Answered on 7/02/09, 10:42 am


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