New York Divorce Attorney Discusses Child Support Payments Following the Death of a Child
Question:
The father has a court order for child support, his son passed away. The Child support agency is still taking out child support money from the Father’s work. The mother is still receiving payments as well. Does the Father need to go to court to stop the payments? Also, is the mother legally able to keep the money after the death of the child?
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Answer:
As an experienced New York Divorce Attorney, I often speak to clients in regards to this matter. The Father should immediately file a Petition to Terminate (Modify) Custody with the Family Court to stop the automatic payments. He should do this by Order to Show Cause to suspend payments pending the first appearance in court (which could be weeks from the date his petition is filed) on the basis that his son passed away.
The Father’s support obligation should terminate upon the death of the child, but that does not always happen automatically when the Support Collection Unit is involved. If the Father owes arrears, those arrears will still be owed.
Are you wondering what happens to child support payments following the death of a child? If so, contact the experienced New York Divorce Attorney Jennifer Sunderlin Morton.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced New York Divorce Attorney. This does not consent an attorney client relationship.