If your husband or wife dies and he/she was paying child support, you are generally not responsible for continuing to pay that child support. Child support is typically the legal obligation of the parent who is responsible for supporting their child, and that obligation typically ends when the parent dies.
However, there are some situations in which a surviving spouse may be required to pay child support. For example:
- If your husband was paying child support and you were a co-signer on the child support order, you may be held responsible for paying the child support if your husband is unable to pay.
- If you and your husband had children together and you were awarded custody of those children after your husband’s death, you may be required to pay child support to the other parent.
- If you and your husband had a written agreement in which you agreed to pay child support on his behalf, you may be held to that agreement even after his death.
It is important to note that the specific rules and laws regarding child support obligations after a parent’s death can vary by state. If you have questions about your potential responsibility for child support in this situation, it is a good idea to speak with an attorney or seek guidance from your state’s child support agency.
Overall, if your husband dies and he was paying child support, you are generally not responsible for continuing to pay that child support. However, there may be exceptions in certain situations, such as if you were a co-signer on the child support order or if you and your husband had a written agreement regarding child support. It is important to seek guidance from an attorney or your state’s child support agency if you have questions about your potential responsibility in this situation.
Source: Chat GPT
Reader Question
I’m from the state of MD. My husband, who I was married to for 4 years, died unexpectedly.
My husband has been paying on back child support and paying the IRS for a bankruptcy – both ocurring before we got married.
All our assets are in my name only, since I owned them prior to us getting married. (he also did not want anything put in his name to help protect me.) My house and cars are in my name, and we had no credit cards. In addition, although I have a will and life insurance policy, he did not have either one of them. (I am finding this out now.)
I want to confirm that I should not have to pay off his back child support nor his IRS taxes owed due to his bankruptcy. (in fact, our 2011 taxes were filed separate, as well.) thank you in advance, Sandy
Debt Collection Answers Estimate
So sorry about the loss of your husband, Sandy. My condolences.
As for the unpaid child support and taxes that your husband owed at the time of his death, you are not obligated to pay them. They are your husband’s debts only because he incurred them before your marriage. Therefore, they have nothing to do with you. The only debts you are obligated to pay are any debts that the two of you may have incurred jointly during your marriage.