CALIFORNIA FAMILY LAW
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Death of a Spouse
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Effect on Support Issues
.........Effect on Child Support
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Duty of support of child who is dependent on state or county may be enforced against parent's estate.
Child support obligation continues after death, but was satisfied by insurance proceeds.
Property put into supporting parent's living trust before his death properly charged with his child support obligation.
Obligation for child support for adult disabled son is a charge on estate of parents.
FC §4504 does not apply to payments made by fed. gov't per SS Act or the RR Retirement Act on account of death of noncustodial parent.
Assumption of custody by noncustodial parent upon death of custodial parent does not terminate child support order, which DA may later enforce on behalf of children.
Ordering H to maintain life insurance for the benefit of a minor does not improperly extend H’s child support obligation beyond his death.
Child support obligation survives death of recipient/custodial parent and may be enforced by child's guardian in divorce action.
Child support obligation survives death of parent, is payable from estate and is modifiable.
If no c/s order in effect, liability for support does not survive the death of the parent.