Death - effect on allimony and child support

If a Consent Judgment has been entered, approving equitable distribution and alimony and child support, do the monthly alimony and child support obligations of the spouse who agreed to pay them in that consent judgment survive the death of that spouse and become obligations of his estate?

Sadmarch, whatever happened in your case? My ex husband recenly passed and I am trying to figure out the same thing. His family is refusing to support the children even after they’ve told them they would. His estate has plenty of money for all. I sincerely hope you had a favorable outcome. I’d love to know what happened. Thanks

Alimony and child support payments terminate upon the death of the payor. The payor would have had to set up a trust or had instructions in his will directing payment for the minor children, and/or the payor would have had to have a life insurance policy naming the other parent or the children as the beneficiary.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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