Is a deceased parent's estate responsible for child support payments?

Question Details:

In Arkansas, when a custodial parent dies, will their estate be required to make child support payments to the other parent when the child goes to live with them?

Asked 11/17/2009 under Wills, Trusts, Probate | 520 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

If there is an order for the payment of child support in place, the payor's death does not automatically terminate the order.  The estate of the deceased must petition the court to modify the order based on death of the deceased.  If the estate has significant enough assets the modification will be denied; if it does not have such assets the modification will be granted.

As to any outstanding child support arreas (unpaid child support) those amounts survive the death of the payor and can be collected against the estate or trust.

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