Survivors and Child Support

One would think that at least in death, N.C. child support would finally leave you alone, but who knows.

Oh, I forgot. Of the average 20% of men not paying child support, 14% of that 20% were actually deceased, but still reported as “deadbeat dads” by state Child Support agencies.

Dear edtaylor:

Greetings. No, they could not go after your new spouse for continued child support. However, she may be able to go into the trust res (or funds in the trust) to get funds to help with the support of the children. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

If I were to pass away, could my ex wife and/or the courts come after my new spouse for continued child support? I do not have much in the way of assets, just a house that I bought after the divorce. I do have a will specifying that any money that is left after paying bills is to be put in a trust for my children.