Arrearage Question

[PrimaDonna221]

What is the name of your state (only U.S. law)? Illinois
I have a question: If I am paying arearage and my ex dies before the full amount is paid, do Must I continue to pay and to whom?

 

[Proserpina]

What is the name of your state (only U.S. law)? Illinois
I have a question: If a spouse is being paid arearage and dies before the full amount it is paid, does the paying spouse continue to pay?

No. But the estate of the deceased may be liable for settling the debt.

(which for all practical purposes may make it one and the same thing)

 

[EnforceSupport]

It depends. If the payments were by wage assignment, then in all likelihood, the garnishments will continue and will be paid to whomever steps into the shoes of the creditor, i.e., the executor, administrator, trustee, etc. Essentially, the debt you owed is now owed to the other parent's estate and whomever is responsible for the estate, is responsible for maximizing the estate income and assets, especially if there are any third party creditors or heirs of the estate (or beneficiaries in the case of a trust).

Disclaimer: not legal advice and may not apply in your state.