Child Support After The Death Of A Parent

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One of the central goals in most divorces is to make sure that both spouses and any involved children are prepared for whatever the future might hold. While many parents hope to remain alive for many years to see children lead successful lives, the death of a parent can occur suddenly and when families are not prepared a custodial parent can be left without adequate financial means to support a child. When a non-custodial parent who provides child support passes away, the expertise of a knowledgeable family law attorney can prove invaluable.

Ways To Provide For A Child After Death

Fortunately, there are several ways that a non-custodial parent can make sure that a child is provided for even after the parent's death. In some cases, courts of law might even require one or several of these methods as a condition of divorce. Some of these methods include:

  • Children As Heirs. When a parent passes away, the law in the state of Alabama often dictates that a parent's child or children receive at least some of the deceased parent's assets. Sometimes, a parent might decide to particularly name a child or children as the recipient of certain assets upon the parent's death.
  • Estate Claims. Unfortunately, in many cases when a parent passes away, the obligation to provide ongoing child support also ends. In cases where a parent owes past-due child support, claims may be made against the parent's estate. A deceased parent's estate will often be forced to continue paying child support obligations. In many situations, even if a child reaches the age of majority and child support payments are still due, that child can sue the parent's estate estate for the amount of support that is due.
  • Life Insurance. These policies are frequently used to make sure that a child is provided for upon the death of a parent.
  • Social Security Benefits. When a deceased parent has Social Security benefits, children can collect these benefits after the parent's death. This process often entails petitioning the Social Security Administration in order to receive benefits.
  • Testamentary Trust. In many cases, a non-custodial parent who provides child support might create a trust to ensure that child support payments are made to a child after an individual's death. Trusts are particularly beneficial in these types of situations because parents can dictate that support be made to a child in a precise manner.

Situations In Which Child Support Is Discontinued

While the interests of any involved children in the estate of a deceased non-custodial parent often extend past a parent's death, there are some particular circumstances when child support in the state of Alabama is discontinued. These situations include when the child reaches of the age of majority, becomes emancipated, adopted, or dies. When the death of a non-custodial parent who provides support occurs, there are still several situations in which any involved children have a continuing interest.

The Assistance Of A Skilled Birmingham Family Law Attorney

If you have experienced the death of a non-custodial parent who provides support, this event can often be emotionally difficult even without the complication of making sure that any involved children continue to receive adequate support. Attorney Steve Eversole has helped other clients in this type of situation and knows what it takes to reach the best results possible.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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