Quote Quoting Fae
View Post
My question involves a marriage in the state of: New Mexico

Is it difficult to enforce an MSA after death in regards to child support (tuition, living expenses, etc) for adult children defined in the MSA?
The other spouse who is due those support expenses in the marital separation agreement may file the necessary proofs of claim with the executor of the estate or trustee of any trust the deceased left. Note that the kids generally could not do that since they were not parties to the agreement. Note too that generally such obligations end when the obligor dies other than unpaid arrears that had already accumulated. The surviving party to the agreement would want to take it to a probate attorney to see exactly what needs to be done and what the party can expect to get.