Does achild support obligation end whenthe payingparent dies?

UPDATED: Mar 2, 2012

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Does achild support obligation end whenthe payingparent dies?

My husband paid the child support for 2 children from his previous marriage. Since one of them became an adult, he filed an application to probate court to pay only for the youngest child. However, my husband died before his support order could be finalized. After that DOR continued to calculate my husband’s child support for 2 children. At that, point the youngest, and even his mom, took my husband’s pension from Social Security. So now they take 3 times more then they took when my husband was alive. Moreover,the child support department took all my federal money.

Asked on March 2, 2012 under Family Law, Massachusetts


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well it sounds like there was a loophole and you did not inform the right entities that your husband passed away. The child support order needs to be adjusted obviously but it may be taken from his estate. At this point, I would contact the prosecutor's office who handles back child support matters and see if it can help you with recalculating support payments and have monies refunded to the estate and motions made to fix the support payments. Social security is a viable source for this income for the child but again, you need to probably present a motion to the court as the administrator of the estate to recalculate monies and sue for reimbursement to the estate.

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