Child Support Obligations After Death of the Supporting Parent
| Jurisdiction | Colorado,United States |
| Citation | Vol. 16 No. 5 Pg. 790 |
| Pages | 790 |
| Publication year | 1987 |
1987, May, Pg. 790. Child Support Obligations After Death of the Supporting Parent
Problems may arise when a parent with child support obligations dies and the support of the child is inadequate or is not expressly provided for in the will of the parent. This article focuses on the remedies available to a minor or dependent child upon the death of a parent who had a court-ordered obligation to support the child at the time of the parent's death. The term "child" as used in this article includes both minor and unemancipated children. The term "unemancipated child" may include an adult incapacitated child who is dependent on parents for support. In Colorado, the parents of such an adult incapacitated child may have a continuing legal obligation to support that child.(fn1)
Under the Uniform Dissolution of Marriage Act ("Act"),(fn2) unless otherwise agreed in writing or expressly provided in a divorce decree, provisions for the support of a child are not terminated by the death of a parent who is obligated to support the child.(fn3) When a parent who is obligated to pay child support dies, the amount of support may be modified, revoked or commuted to a lump sum payment, to the extent just and appropriate in the circumstances.(fn4) The provisions in the Act reflect a reversal of Colorado case law which was followed prior to the Act,(fn5) and an expansion of the legal obligation of the parent of a child who is entitled to receive support pursuant to a dissolution of marriage decree.(fn6)
Upon the death of the supporting parent, the court can review and modify an existing court order concerning child support payments if the order does not adequately provide for the child's current needs. New statutory guidelines pertaining to child support obligations which arose on or after November 1, 1986, are substantially different from those in effect before that date.(fn7) These new guidelines focus primarily on the income of the parties. Therefore, they may not be entirely appropriate when dealing with the low-or non-income producing estate of the deceased supporting parent. The appropriate set of statutory guidelines should be reviewed when considering whether to seek modification of the present child support order.
If the present child support order appears to be reasonable, a plan for the satisfaction of the terms of the order by the supporting parent's estate must be developed. Whether modified by the court or left untouched, the child support obligation is a claim against the estate of the deceased supporting spouse which must be properly perfected or the claim will be barred forever.
A certified copy of the original support decree and any subsequent modifications thereto should be obtained from the clerk of the court where the decree was entered. The support decree may have provided for insurance on the life of the supporting parent, payable to the child or to a trust for the benefit of the child in full satisfaction of the parent's duty to support the child in the event of death. However, the...
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