In the sad event that your child’s other parent and the person to whom you pay monthly support passes away, you must address several critical issues. One of those may pertain to the ongoing obligation to pay support.
While it is true that spousal support will cease when your former partner passes away, the same is not true of child support. Per section Sec. 154.013. of the Texas Family Code, you will continue to have to pay child support, but to a new obligee.
The new obligee for your child support payments may be one of five people or entities. Those are as follows:
- A person, other than yourself, whom the courts appoint to be the managing conservator of your child
- A person, including yourself, who has assumed actual possession, control and care of the child if the courts have not yet appointed a guardian or conservator
- The child’s new court-appointed or will-appointed guardian
- The surviving child if the child is either emancipated or of the age of majority
- The county clerk, for an account in the child’s name
You must continue to show proof that you are providing financial support to your child until your legal obligation officially ends.
Your obligation to pay child support only ends under one of three conditions. The first is that your child turns 18, does not require ongoing support for school or disability purposes, and you do not owe arrears. The second condition is that your child passes away. The third and final condition is that custody changes and you assume the role of the custodial parent.
If the obligee passes away, you have several legal considerations to consider. It would be in your and your child’s best interests to work with someone who has experience with such issues.