Is this possible?

[TinkerBelleLuvr]

I believe it is Texas, but the estate is on the hook for the balance of the child support until the child reaches 18. I think that is where that came from I remember researching that one a while back when an NCP was protesting about it.

http://www.dallas-divorce-lawyer.com/dallas_child_support.htm#Child%20Support%20is%20Continued%20to%20be%20Paid%20After%20the%20Death%20of%20the%20Obligee

Child support will terminate on the death of the child or on the death of the obligor. As to the obligor, this is what the statute says at 154.006. However, Fanning v. Fanning, 828 S.W.2d 135 - a 1992 Waco Court of Appeals case states that the statute impliedly authorizes the court to make provision for child support as an obligation of the obligor's estate. You see an express provision in this regard in decrees of divorce - that the obligation survives the death of the obligor. Also note, that many decrees requires the obligor to carry life insurance to secure payment of the child support obligation.

 

[TinkerBelleLuvr]

this could be a case of the attorney adding something that really is "standard" per se.

 

[mistoffolees]

this could be a case of the attorney adding something that really is "standard" per se.

According to GL, it's not standard.

 

[TinkerBelleLuvr]

It is something that needs to go past the attorney at this point. I'm just point out that it DOES exist in Texas.

 

[ladynothappy]

I believe it is Texas, but the estate is on the hook for the balance of the child support until the child reaches 18. I think that is where that came from I remember researching that one a while back when an NCP was protesting about it.

Texas Child Support

Thank your for giving me a reference to look this up. I asked some friends if this was in their divorce decree and they all said yes it is in there.THey live in Texas also. Thank you so much for your answer and reference. I was honestly not trying to blindside my husband.

 

[ladynothappy]

I believe it is Texas, but the estate is on the hook for the balance of the child support until the child reaches 18. I think that is where that came from I remember researching that one a while back when an NCP was protesting about it.

Texas Child Support

I looked at the link and found all of the following informtion:Child Support is Continued to be Paid After the Death of the Obligee

If the obligee dies, the child support is to continue to be paid. It is to be paid proportionately for the benefit of each surviving child named in the support order and NOT THE ESTATE OF THE OBLIGEE. The payment is free of any creditor claim - a creditor cannot execute against the payment. The payment shall be made to any person who has assumed actual care of the child - including he obligor, a managing conservator of the child; a guardian of the child if one has been appointed; or the county clerk in the name of and for the account of the child. On presentation of the obligee's death certificate, the court shall render an order directing the payment of the child support.

Termination of Child Support

Child support will terminate on the marriage of the child. If the child subsequently divorces the child support remains terminated - the child is emancipated. If the marriage is annulled, the child support picks up again. An annulment is like no marriage at all.

Child support will terminate if the child's disabilities (minority) are removed for general purposes.

Child support will terminate on the death of the child or on the death of the obligor. As to the obligor, this is what the statute says at 154.006. However, Fanning v. Fanning, 828 S.W.2d 135 - a 1992 Waco Court of Appeals case states that the statute impliedly authorizes the court to make provision for child support as an obligation of the obligor's estate. You see an express provision in this regard in decrees of divorce - that the obligation survives the death of the obligor. Also note, that many decrees requires the obligor to carry life insurance to secure payment of the child support obligation.

Child support will terminate at the 18th birthday of the child if the child is not enrolled in high-school. If the child is enrolled, then it will terminate upon graduation of the child.

Child support terminates on the marriage or remarriage of the obligor and obligee. This means -- if the obligor and obligee marry one another or remarry one another then the child support terminates. If the obligee marries someone else, or if the obligor marries someone else - the child support does not terminate.

Thank you again!