• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

child support after the death of the parent that pays child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Rest In Peace

but if the NCP dies then the child support from the NCP stops.
A support debt is not terminated upon the death of the obligor. In NM, a support order can constitute a lien on real property. Additionally, the court can order that a life insurance policy be obtained to cover an outstanding obligation in the event of death of the obligor.
 

Silverplum

Senior Member
A support debt is not terminated upon the death of the obligor. In NM, a support order can constitute a lien on real property.
Interesting statement. Do you have a link to your facts??
Inquiry123 said:
Additionally, the court can order that a life insurance policy be obtained to cover an outstanding obligation in the event of death of the obligor.
IF the obligor is already dead...this ain't gonna matter! ;)
 

nextwife

Senior Member
A support debt is not terminated upon the death of the obligor. In NM, a support order can constitute a lien on real property.

If the obligor owns real property, if it has equity, and if it is not held in JT tenancy, causing it to pass to surviving Jt tenant outside probate.

Additionally, the court can order that a life insurance policy be obtained to cover an outstanding obligation in the event of death of the obligor.
That's kinda hard to accomplish AT THIS POINT. I doubt any insurer would get this one past their underwriter!
 
Last edited:

CourtClerk

Senior Member
That's kinda hard to accomplish AT THIS POINT. I doubt any insurer would get this one past their underwriter!
Ya think?!?!?! :confused:

I wonder if I can go back and get a life insurance policy on Ana Nicole.:D
 

Ohiogal

Queen Bee
So...does she serve the NCP in heaven or at the cemetary? Which is the proper location OG?
Technically it would be at his last known address -- which would be the cemetery. Because it is purely speculative whether he went to Heaven, Hell or purgatory or maybe was reincarnated. You are assuming CourtClerk that there is a belief in heaven by him. As for the cemetery, that only holds if he was buried and not cremated and put in a vase and taken to someone's house or ashes spread somewhere. In which case the funeral home may be the proper place. Though granted I did in the other thread mention the cemetery.
 

GrowUp!

Senior Member
A support debt is not terminated upon the death of the obligor. In NM, a support order can constitute a lien on real property. Additionally, the court can order that a life insurance policy be obtained to cover an outstanding obligation in the event of death of the obligor.
Umm...you're talking about OWED child support. If there is none, the support OBLIGATION does terminate. :rolleyes:
 

GrowUp!

Senior Member
Technically it would be at his last known address -- which would be the cemetery. .
I can see it now

(visitors): "Wow...what a nice grave site. Beautiful flowers. An American flag. Nice grass. Ooh and look. A summons to appear." :p
 
R.i.p.

Umm...you're talking about OWED child support. If there is none, the support OBLIGATION does terminate. :rolleyes:
Here's some interesting NM case law -- there is a couple of NM statutes that deal with with the OP's question (I have to go now but will look them later up if it helps)...;)

http://64.132.204.47/NXT/gateway.dll/nmcases/2381/3075/3090?f=templates$fn=document-frameset.htm$q=%27child%20support%27%20death$x=Simple#LPHit1
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top