Submitted by Shirl on Wed, 11/09/2011 - 13:23
Hi. My ex husband left me when our daughter was three. He was never much of a father before or after he left and his only contribution to her upbringing is the child support check that he sends once a month. He's actually been pretty good about sending the support money. However, he's remarried now. Because he's much older than I am, I worry about the child support if and when he dies. He is fairly wealthy, but I'm sure his current wife will not have any interest in taking care of his child by another marriage. What does the law in Massachusetts say about this? Will his estate have to pay the child support until the time specified in the order? Thanks in advance.
Support obligations after death of parent
Yes, the child support obligations must be met. The Massachusetts Supreme Judicial Court settled this matter in 2000 in a case known as L.W.K v. E.R.C. (432 Mass. 438). In a nutshell, the Court held that a court ordered child support obligation takes precedence over the testamentary distributions made by the deceased parent. So, the support obligation must be met "prior to any distribution of assets under the will." In that regard, the support obligation is considered a debt of the estate after the death of the parent. The Court also held that a parent cannot avoid his obligations by disinheriting his child. However, beyond the payment of the court ordered child support, the parent is free to disinherit the child and leave no other part of his estate to the child.
With respect to educational support for older children, however, the Court held that a probate and family court judge does not have any authority to "enter an order after the death of the obligor to secure post-minority educational support for a child who does not presently qualify for such support pursuant to G. L. c. 209C, Sect. 9." Hope all that helps.