In Louisiana, parents are expected to contribute financially to their child’s financial needs. When the parents are not together, the custodial parent may seek child support in the form of monetary payments from the other parent.
But what happens if the parent who is supposed to be paying child support dies? It depends on the situation, so it’s crucial that you seek legal counsel after reading more about this critical topic.
How Long Does the Child Support Obligation Last?
Child support in Louisiana generally lasts until the child’s 18th birthday. If the child is still in high school, it may continue until they graduate or their 19th birthday, whichever occurs first.
There are some exceptions to the rules, though. For example, child support could end sooner if the child was emancipated.
If the child support order specifies that payments continue until a certain age or event, the obligation ends automatically at that point. For example, if the court order said the obligation would end when the obligated parent dies, the death would cause the order to automatically terminate.
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The Effect of Death on Child Support
Who passed away can change whether child support keeps going or not. If the child dies, child support stops right away. If the parent who was supposed to pay support dies, the court might still require their estate (what they leave behind) to pay what is owed.
If the parent who had custody dies, Louisiana law says the other parent will usually get custody if they shared custody before. If that parent takes full custody, they won’t have to pay future child support—but they still have to pay any unpaid amounts.
If someone else gets custody of the child, the parent who owed support must pay child support to that person.
What Happens to Back Child Support When Someone Dies?
The legal obligation to pay the arrears continues after death. The parent can seek payment of this debt from the decedent’s estate.
They would need to notify the estate of the debt and provide sufficient information so the executor could verify its validity. The estate would be responsible for paying the arrears from the property the decedent left behind.
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What if There Was No Court Order for Child Support Before the Death?
While child support may still be due if the court order for child support was in place before the death occurred, the same is not true if there was no child support order before the death. The Louisiana Supreme Court has held that an initial child support claim cannot be brought after the father’s death.
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Pursuing an Inheritance or Benefits After Death
Even if there was not technically a child support order before the death, it may still be possible to establish paternity after death to seek other forms of financial assistance, including a possible inheritance or disability benefits.
To establish paternity after death, Louisiana law requires the claimant to show paternity by clear and convincing evidence rather than the lower standard of by the preponderance of the evidence that exists while the parent is alive. DNA testing may help prove paternity and a right to inherit or receive survivorship benefits.
If there has been a death in the family and you are concerned about how that impacts child support, the Knight Law Firm is here to help. Contact us today to speak to an experienced Ruston child support attorney during a confidential consultation. We can explain your legal rights and options.
Contact the Louisiana Family Law Attorney at Knight Law Firm for Help Today
Contact our family lawyers at Knight Law Firm for a consultation. We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006
Shreveport, LA 71101
(318) 569-8469
Knight Law Firm – Ruston Office
111 Kilgore Rd
Ruston, LA 71270
(318) 722-8919
Knight Law Firm – Monroe Office
1896 Hudson Cir N #1
Monroe, LA 71201
(318) 323-2213
Call or text 318-323-2213 or complete a Case Evaluation form
