Death and Child Support

Child support obligations in Colorado generally do not terminate upon the death of the supporting spouse. The obligation to support the child(ren) continues until they reach the age of majority or become emancipated, regardless of the parent’s death.

Here’s what you need to know:

In Colorado Child Support continues until the age of 19. Many people assume child support stops at the age of 18 when a child reaches adulthood, But no. In Colorado Child Support continues until Age 19.

When a parent paying child support dies before the child turns age 19, child support does not stop on death. Instead, the estate becomes responsible for paying the present value of future payments.

Estate Responsibility:

• The deceased parent’s estate becomes responsible for fulfilling the remaining child support obligations. Most of the time the best option is not continuing payments from the estate but rather a lump sum payout based on present value.
• If the estate has sufficient funds, child support payments will continue from the estate’s assets.
• If the estate is insufficient, the surviving parent may need to pursue other options.
• You must file a claim in Probate court to protect your interest. The court will not automatically protect the child’s interest.
• If no other party opens a probate matter, you may have to open one for your ex-spouse.

Other Potential Sources of Support:

• Life Insurance: If the deceased parent had a life insurance policy naming the children or the surviving parent as beneficiaries, the proceeds can be used to cover child support obligations. When we make agreements for child support, we always ask for life insurance or other guarantees. Your ex-spouse may have life insurance through their employment. It’s always worth investigating.
• Social Security Survivor Benefits: Depending on the deceased parent’s work history and the children’s eligibility, they may receive Social Security survivor benefits. Believe it or not, the ex spouse may under certain circumstances also be entitled to survivors benefits.
• Public Assistance: In some cases, the surviving parent may qualify for public assistance programs to help support the children.
• Joint accounts. If you still have joint accounts with your deceased ex, you should receive those accounts. You can still withdraw from any joint account because it belongs to you as well.

Consulting a Lawyer:

• It’s highly recommended to consult with a Colorado family law attorney to understand your specific situation and explore legal options.
• An attorney can help you navigate the complexities of estate administration, child support enforcement, and potential benefits.

Remember:

• The death of a parent is a difficult time, and understanding your rights and options can help you secure the financial support your children need.
• Consulting with a qualified attorney can provide you with the guidance and support you need to protect your children’s future.

By taking proactive steps and seeking legal advice, you can ensure that your children’s financial needs are met, even after the death of the supporting spouse.