What Happens To Child Support If A Parent Dies?
What should I know about child support orders in Oregon?
Child support agreements are commonplace agreements when parents end their relationship or do not live in the same household.
Typically, the money used as child support is paid on a monthly basis. Though the precise amount of money paid from one parent to the other will vary, the approximate figure will be based on the combined income of both parties, as well as what parents at that income level most commonly spend to support their child’s basic needs.
Child support in Oregon is not limited solely to money payments. It can also include the provision of health insurance for the child, as well.
When it comes to the subject of child support, it is common for people to wonder about the many “what ifs” that might affect these agreements. One of the biggest “what ifs” is associated with the death of a parent.
In order to give you the best information on how child support in Oregon is affected by the death of a parent, we’ve compiled a list of some of the most commonly asked questions on the subject.
What happens to child support if a parent dies?
Should such an unfortunate event occur, it will no doubt have a profound impact on the child. But what effect will it have on court-ordered child support?
How this might affect the order will depend on which parent it was who has passed away.
What happens to a child support order when the non-custodial parent dies?
In the case of a non-custodial parent dying — the parent who does not have physical custody of the child — many might assume that the child support obligation will end, but this is not always the case.
Though there is no guarantee that the order will continue, the deceased parent’s estate will help determine how financial support of the child can continue.
Here are a few things that the court will consider:
Is there a will detailing which, if any, assets were to be provided to the child? And if there’s no will in place? State law and the Multnomah County Probate Court will determine the appropriate division of assets.
Did they have life insurance? If the deceased had a life insurance policy in place, and it named the child as a beneficiary, then the funds associated with the policy may be used as a means of fulfilling the child support obligation.
Social Security is a potential option. Children of a deceased parent who are either attending high school up to grade 12 or under the age of 19 may be eligible to collect their parent’s Social Security via the assistance of their surviving parent. If the child in question has a disability that occurred before the age of 22, they are also entitled to this benefit throughout their adulthood.
Assorted Assets. In the instance that the deceased parent had no life insurance policy or no will defining which assets should go to whom, the probate court will review the estate, often containing things like property, cars, retirement, and bank accounts, as well as any debts. The executor of the estate, often determined by the court if the deceased had not already formally appointed someone, will be responsible for making child support payments, either in a lump sum or in installments.
What happens if the non-custodial parent has a partner?
If the non-custodial parent passes away and has a living partner, then this can complicate how assets are distributed to the child. Though the surviving partner is not personally responsible to pay child support, their right to the estate and other assets can have an impact on how child support is ultimately distributed.
What happens to a child support order when the custodial parent dies?
The most important thing for the child when their custodial parent has died is to determine who will get custody.
In many cases, the custodial parent may have created a will expressing their preference, or the parents may have discussed and documented the desired arrangement with one another prior to the custodial parent’s death. Though these preferences make the parent’s intent clear to the court, it does not always mean that this is how they will determine custody.
In the absence of an agreement or court order to the contrary, custody will default to the non-custodial parent.
If another party — a grandparent, relative, or other — assumes custody of the child, they may be able to continue receiving child support from the non-custodial parent, as well as seek funds from the custodial parent’s estate, Social Security benefits, or life insurance policies in order to take care of the child.
In the instance that the non-custodial parent becomes the custodial parent, they will still need to seek out a modification to the original child support order. They too may be eligible for child support from the deceased parent’s estate to support the child’s needs.
Looking for more guidance on child support in Multnomah County? Then contact DBMA Family Law Group today for your confidential consultation!