If child support arrears are being paid to the custodial parent and the custodial parent dies what happens? The children are all adults and living on their own.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
This arrearage would pass on to the estate of the custodial parent. The payments would be made to the estate and the estate would be able to pursue full payment of the same.
Once child support accrues it can be considered the “property” of the custodial parent is due and owing. Arrears do not get “written off” when the custodial parent passes on.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.