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What Happens to Child Support if a Parent Dies?

Losing a parent can be a heartbreaking experience, especially for minor children who reasonably expect to have their parent in their lives for many years to come. In addition to the emotional turmoil that comes with this loss, there is also the practical concern of how child support will be handled if a custodial or noncustodial parent dies.

Fortunately, there are steps you can take to ensure your child's financial security in this situation. This article will provide an overview of what happens to child support when a parent passes away and help you understand what options available for continuing your child's support.

Does Child Support End in Texas After the Death of the Non-Custodial Parent?

According to Texas Family Code Section 154.013, child support obligations do not end when the paying parent dies. In most cases, the estate of the deceased will continue to be responsible for any child support obligations.

When a non-custodial parent dies, all child support payments become part of the estate and must be paid out by the executor or administrator according to Texas law. The custodial parent should notify all relevant state agencies as soon as possible with proof that the other party has passed away so they can begin processing this payment request. A life insurance policy may also serve as an important source of payment for the child support obligation.

When Does Child Support End in Texas?

Child support generally ends when the child turns 18 or graduates high school, whichever comes later. However, if a disabled child is unable to live independently or care for themselves after reaching this age limit, then child support can continue until they reach an age where they can properly support themselves. If a paying parent passes away before the child “ages out” of child support, the paying parent’s estate will be obliged to pay this support.

Including Child Support in Your Estate Planning

Including child support in your estate planning is an important step to ensure that your children will be taken care of financially in the event of your death. It is essential that you make sure the necessary funds are available for the continued support of your children, even after you’re gone. Child support can be provided for in a variety of ways, including life insurance policies, trusts, and other arrangements.

One key benefit of including child support in estate planning is that it allows you to specify how funds will be allocated for each child's needs. This ensures that all the financial responsibilities related to their upbringing can be handled in a way that is tailored to their individual needs. Additionally, it allows you to have more control when and how the funds are distributed so that they can be used most effectively for child-related expenses. This can provide great peace of mind as you know that your children will have the necessary resources available to them after you’ve passed away.

Call Cynthia Tracy, Attorney at Law, P.C. Today

At Cynthia Tracy, Attorney at Law, P.C., we understand how difficult it can be to juggle all the legal issues associated with a parent's death while also dealing with the emotional aspects of such a loss. Our compassionate team will work hard to answer any questions you have and provide you with the resources and information you need to make sure your children’s well-being is taken care of during this difficult time.

If you are facing the difficult situation of a parent passing away and need help determining what steps to take with regard to child support, contact us online or call us at (281) 612-5443 to schedule a consultation. We can provide guidance on navigating this sensitive topic and ensure that your children are protected financially in the future.