According to the State of Georgia, children benefit immensely from having both parents play a central role in their lives. Despite this, sometimes the unexpected robs children of these experiences. When a parent dies after a divorce, children may suddenly find themselves approaching life with an even smaller family. Other than the obvious emotional impact, this may also cause financial concerns. Can you still receive child support after the parent dies?
Parents Still Have to Pay Child Support Even After Passing Away
The first thing you need to know is that parents still have to pay child support even after their passing. But how is this possible? After all, a parent no longer has control over what happens after their death. The answer is simple: The money is paid out of the parent’s estate. A parent’s estate is their total assets and property after their passing, minus their liabilities (debts). If a parent has established a will, part of their assets may also pass directly to the children.
Depending on the circumstances of the parent’s estate plan, children may inherit funds through a trust or through a will. If the money is inherited through a trust, the living parent will typically not have access to these funds. If the money is inherited through a will, the living parent may have the ability to manage these funds until the child comes of age.
Courts in Georgia may also order that child support should continue to be paid directly from the parent’s estate. The duration and amount of child support may remain the same. Of course, it may not be possible for child support to continue after a parent’s passing, and this could be due to a number of reasons:
First of all, the parent may have been paying their child support out of their weekly wages. If they pass away, this income disappears, as does the potential for continued child support. The parent may also have very little in the way of assets and property. They may even be in debt at the time of their passing. If this is the case, then no assets can be liquidated in order to pay for the child support.
The real question is who receives priority at the time of a parent’s passing. Is child support paid from a parent’s estate before or after the payment of outstanding debts? Do beneficiaries inherit funds before the court can order the continuation of child support? Ultimately, this depends on the details of the parent’s estate plan, including any wills, trusts, or life insurance policies.
Where Can I Find a Child Support Attorney in Georgia?
If you have been searching for an experienced child support attorney in Georgia, look no further than Lankford & Moore Law. Over the years, we have helped numerous parents in Georgia approach child support with a confident, efficient mindset. If you encounter unexpected issues, such as the death of one parent, your first step should be to consult with a qualified, experienced custody attorney. Book your consultation today to strive for the best possible outcomes.