Is child support payable to the surviving parent of a child who has since died?

California, United States of America


The following excerpt is from Marriage of Perry, In re, 58 Cal.App.4th 1104, 68 Cal.Rptr.2d 445 (Cal. App. 1997):

It is well established that a child support obligation survives the death of the supporting parent and is a charge against his or her estate. (Taylor v. George (1949) 34 Cal.2d 552, 556, 212 P.2d 505 ["In California the rule is that the obligation of a father to support his minor child which is fixed by divorce decree ... does not cease upon the father's death, but survives as a charge against his estate."]; In re Marriage of Bertrand (1995) 33 Cal.App.4th 437, 440, 39 Cal.Rptr.2d 151 ["Although husband has since died, his support obligation survives his death and is a charge against his estate...."]; In re Marriage of Gregory (1991) 230 Cal.App.3d 112, 115, 281 Cal.Rptr. 188 ["it has been established that court ordered child support survives the death of the noncustodial parent and becomes a charge upon his or her estate"].)

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