Child Support Post Death of Payor Parent!
For decades California courts have maintained and fostered a strong public policy favoring the establishment , enforcement and modifiability of all child support orders. The courts have liberally construed statutory law to preserve these powers, even if it meant blatantly disregarding fully executed settlement agreements signed between parties and counsel. During this period, courts have also addressed the infrequent occurrence of the death of a payor prior to the emancipation of a minor child. Through case law, we unequivocally know that child support orders not only survive the death of the payor but that said obligation is fully chargeable against the decedent’s estate. In order to ensure enforceability and potential modification of said support orders, courts have been called upon to and have granted joinder of the decedent’s third party representatives to family law proceedings. In a scenario where the payor is dead, joinder of a t...