Child support plays a vital role in providing for the well-being and development of your child. For some families, it may even serve as the primary source of income. However, in the unfortunate event of the payor’s demise, the situation can become dire for the children. If you find yourself facing this challenging circumstance, you may be wondering how to guarantee the continuation of child support even in the absence of the payor. In this article, we will explore various options available to address this issue.
Contact a Family Law Attorney for Expert Guidance
When facing the unfortunate event of the payor’s death, it is essential to seek guidance from a family law attorney. An attorney specialized in family law can provide you with invaluable advice regarding your rights as well as those of your child. They will offer assistance in securing your child’s financial future. By assessing your circumstances, an experienced attorney can help you determine the appropriate amount of support you should be receiving and guide you through the necessary steps to seek alternative sources of payment.
Explore Survivor’s Benefits as a Potential Source of Support
If the payor was employed and contributed to social security, your child may qualify for survivor’s benefits. Survivor’s benefits are monthly payments provided to children who have lost a parent due to death. The payment amount is based on the parent’s work history. To access survivor’s benefits, you will need to submit an application to the Social Security Administration. Generally, children are eligible to receive these benefits until the age of 18. If, however, they are still attending high school when they turn 18, they can continue receiving benefits until graduation or until they turn 19, whichever comes first.
Consider Filing a Claim Against the Payor’s Estate
Suppose the payor had assets such as property, bank accounts, or other financial holdings. In that case, you may be able to file a claim against their estate to recover the unpaid child support. This process may involve working with an attorney or a probate court to facilitate the retrieval of the outstanding payments. However, it is important to be aware that this process can sometimes be lengthy, and there is a possibility that you may not receive the full amount owed.
Evaluate the Option of Pursuing Child Support from the Payor’s Estate
Another possibility to explore is pursuing child support from the payor’s estate. Consulting with an attorney would be advisable to determine the feasibility of this option. If you have been designated as a beneficiary in the payor’s estate, you may be entitled to the funds owed for child support. Nevertheless, it is important to consider that if the estate is already burdened with substantial debt, it may lack the necessary funds to cover the child support payments owed.
In Conclusion
Losing the payor of child support is undoubtedly a challenging situation for any family. However, it is essential to explore the available options to guarantee the financial security of your child’s future. If you find yourself unsure of how to proceed, do not hesitate to reach out to a family law attorney who can offer expert guidance throughout the process. Remember, your child deserves every opportunity for growth and development, and securing the necessary financial resources is crucial to accomplishing that.