My ex-wife died and I owe back child support, though our children are now adults.
Do I still need to pay these arrears? Should I notify the court?
You should provide the court with a copy of your former spouse’s death certificate. The court and child support office should be notified when there are any significant changes in the lives of either party.
Your child support obligation does not end just because your children’s mother is no longer living. Your child support obligation lasts until your children become adults (or any other circumstances provided for by your state’s statutes).
The amount you owe in arrears will likely be included in part of your former spouse’s estate and should be submitted to the probate court. Arrears do not get waived when the payee becomes deceased.
Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance.
Cordell & Cordell represents men in divorce nationwide.
Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.