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  1. #1
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    Default Death of Custodial Parent and Child Support Arrearage

    What happens in California if the custodial parent dies, the non-custodial parent assumes full custody, and there was an existing arrearage in child support? Does the arrearage go away?

  2. #2
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    Default

    If the payor is still being required to make payments, the payor should petition the court which issued the custody order to terminate child support, accompanied by a copy of the death certificate and any petition for discharge of the arrearage. The court would be entitled to view the arrearage as the property of the children; but what the court will order in relation to the arrearage may well depend upon its size and the other facts of the case.

  3. #3
    Join Date
    Apr 2006
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    Default Thanks for the reply

    I read on case law in many other states besides California and I feel that I may have a case if the court declares the arrearage an asset of the deceased parent's estate. After filing a motion to cease payments due to death, I would file a motion that the support payments that would have been paid me if I had full custody from the date of death to "adulthood" be deducted from the arrearage. It's a way of billing the estate for money that I would need for the next few years. Thoughts?

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