I can honestly says that this has only happened once so far in my practice. Death is inevitable in life, but what happens to a child support award when the custodial parent dies? The answer is nothing, it will continue until someone brings it to the Court’s attention. The non-custodial parent must file a motion to terminate the child support award with the court. It is important to know who the executor of the will is because he or she must be notified of the motion.
If there is money that was paid out after the death of the parent, the return of the money will be satisfied by payout from the estate. Now if the custodial parent does not have a will or the family does not submit it for filing, there is no one to serve. It is very easy to see if a will has been filed. All you have to do is call the surrogates office in the county where the custodial parent lived and ask if one has been filed. If one is filed you can serve the motion on the surrogates office or the executor.
When dealing with the probation department concerning anything child support related it can be frustrating. Seek out an attorney if the non-custodial parent or the custodial parent dies while collecting or paying child support. We are available 24/7. Call today.