When you have a will in place, you probably think about the essentials when it comes to where you want your assets to go, how you want your property divided, and what should happen to your things when you are gone. What most people do not stop to consider, though, is what happens if they still owe child support. In many cases, the non-custodial parent may not have met the child support obligations that were outlined by the court, so what does the custodial parent do when this is the case? A will lawyer wants you to know that there are options for ensuring your child gets what they need and that the custodial parent can seek this payment through the probate estate.
Are my debts gone when I die?
Unfortunately, your debts do not simply disappear when you die. You may think that you have outlined everything in your will but if you owe money to creditors, the person you named as executor still has the legal responsibility to pay off your debts after you pass away. Thus, even if you do not have it in your will, the custodial parent can make a claim against your estate saying that you have not paid the child support you were required to pay. When this is the case, a court can then take the money out of your estate to pay back the child support. It is important to note that certain other debts and payments will take a higher priority than child support. So, if your family is left with your medical expenses from before you pass away, these medical expenses will be paid back first.
Would my estate continue to pay child support after I die?
No. The two stipulations to this are if you choose to have your estate continue paying some kind of child support into the future by directly writing that into your will or if you have unpaid child support that a court pays through your estate upon your death.
Although this can be confusing, will attorneys know that most parents want to do right by their children even if they are having trouble paying child support. Call a law office now to see how a wills lawyer can help you when it comes to providing for your children even when you have passed away.