What Happens to Child Support if the Obligor Dies?

A parent’s obligation to pay child support does not terminate with that parent’s death “when a parent obligated to support dies, the amount of money of support may be modified, revoked or commute  to a lump sum payment, to the extent just and appropriate in the circumstances (Minn. Stat. § 518.64, subd.4).
 
The absence of a child support order at the time of the respondent’s death does not preclude the court from ordering future support or a lump-sum payment, if appropriate, in light of the particular circumstances of the case. Berg v. D.D.M., 603 N.W.2d 361 (Minn.App.1999).
 
Even if the parents have a written agreement, and the obligor has been making payments, a claim for additional support obligations may exist. A written agreement between presumed father and mother “other than agreement approved by the court” does not bar an action to establish paternity and support in a probate action. (Minn. Stat. § 257.57 subd.2, 3 and 4, Minn. Stat. § 257.52 subd. 1). In a probate matter the court has discretion to review and award pas support against the estate if appropriate. Berg v. D.D.M., 603 N.W.2d 361 (Minn.App.1999).
 
If a child receives social security benefits as a result of the obligor’s death those “benefits should be credited against any duty imposed on the obligor’s estate” Berg v. D.D.M., 603 N.W.2d 361 (Minn.App.1999).
 
by Kelly A. Boyd, Attorney