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Child support payments when the obligor dies

In the state of Texas, the responsibility for paying any remaining child support that is owed is not terminated should an obligor die. If the person who is responsible for paying child support dies before the obligation has been terminated, the remaining child support that is owed becomes payable on the day the obligor passes away. However, there are certain factors that the court that has jurisdiction over the case must consider before it is determined how much the obligor's estate will actually pay.

First, the court will determine what the monthly payments are and what the total present value value of the support is from the month the obligor dies to the month the child turns 18 years old. The court will also determine the present value of any health insurance premiums associated with the child that the obligor was responsible for. Finally, any financial assets that are meant for the child, including annuity payments, Social Security death benefits and life insurance proceeds, are taken into account.

If the child support obligation has not been satisfied, a judgment for the child will be rendered by the court. If the court finds that the obligation has been satisfied, an order terminating the child support obligation will be rendered.

In some cases, a court will require, at the time that the initial child support order is entered, that the obligor procure and maintain in force a life insurance policy that will cover the remaining payments, if any, in the event that the obligor dies. A family law attorney representing a custodial parent might request the court to make such an order during the child support deliberations.

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