Legal Question in Family Law in Texas

My ex-husband passed away. Our children are 10 & 5. I have been told there is a state law as of 2003 that stated child support does not end upon death. Do I need to file anything with state to make sure payments continue through the estate? or What do I need to do?


Asked on 11/16/09, 12:58 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Does he have an estate? That is, did he own any property when he died?

His estate is liable for any back child support.

The child support obligation itself ceases when the payor (usually Dad) dies. The exception is covered in section 154.016 of the Family Code, which has to do with the Dad being ordered to buy a life insurance policy to fund a trust after his death (for the support of the child).

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Answered on 11/21/09, 5:18 pm


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