Child Support After Death of a Co-Parent

Losing your co-parent can be one of life’s most challenging stumbling blocks. Suddenly, you are
on deck. Your primary custodial co-parent died. You immediately assumed sole physical and
legal custody of your children. But what now, legally speaking?
Your first priority should be to review the latest final judicial custody determination in your
divorce or parentage case. Specifically, you will need to assess whether you were paying child
support to the now-deceased co-parent. This should be fairly easy to identify, right? You should
have personal experience paying child support to the co-parent or accruing arrears for delinquent
payments due.
Next, if you identify you are on the hook for support to the now deceased co-parent, then you
must work quickly to update the Court about the changed circumstances in your case. California
Courts do not automatically terminate Child Support upon the primary custodial parent’s death.
You will have to file a Request for Order to modify the latest final judicial custody determination
to update the Court that the primary custodial parent has died and that you assumed sole physical
and legal custody of your children.
Prager Jones, APC, is experienced in navigating tragic circumstances, including incidents when
co-parents die unexpectedly. Our team of legal professionals will mindfully and delicately handle
your case. Prager Jones, APC, is willing and able to help you focus on the things that truly matter
in challenging times.