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does someone know exactly what that means on a divorce decree?

2007-09-15 08:00:50 · 4 answers · asked by liliajar 1 in Politics & Government Law & Ethics

4 answers

It means that if you owe child support and you die before the child reaches the age of majoity (18 in most places, 19, 21 in others), the money that gets filtered to the estate in the event of death (from the sale of a house, or non matermonial home - cottage - pension plans, stocks or bonds etc.) will pay out chid support until the child reaches the age of majorty.

This is not a common clause in child support. Most obgliations end when the person owing child support dies. And in most cases of spousal death, if you own a home as joint tentants, the deceased person's property automtically converts back to the survivoring tentant through joint tentantship, and there is no exchange of monies through the rights of survivorship.

So if the parent with the child has remarried, and now owns a house with his current spouse as joint tentants, when the parent dies, his spouse - through rights of survivorship - obtains his portion of the land that was owned. None of this converts back into the deceased's estate. His stocks and bonds do, but they will go to the survivoring spouse before the child, so does this means that the survivoring spouse is responsible for paying out child support in the event of death to the child's parent?

2007-09-15 08:16:29 · answer #1 · answered by Anonymous · 0 0

That the payors obligation to pay support does not expire on the death of the payor. The executor or administrator of the payors estate must make the child support payments, or more likely, a lump sum payment to the payee for the equivalent of the support to be paid until the child is of age.

2007-09-15 15:16:18 · answer #2 · answered by elysialaw 6 · 0 0

its whoever is paying child support dies before the children reach 18 then the estate pays it.

2007-09-15 15:06:26 · answer #3 · answered by george 2 6 · 0 0

that if u die everything left can go to the child. or at least a pro-portinite amount.

2007-09-15 15:04:21 · answer #4 · answered by blktan23 3 · 0 0

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