Child Support continues after death of obligor

Estate of Thomas J. McCarthy, unpublished, September 15, 2009, Minnesota Court of Appeals.

Mr. McCarthy had a child support obligation for his disabled son. (There can be a child support obligation past the age of 18 if a child is disabled.) After Mr. McCarthy's death, his 48-year-old son made a claim against his father's estate for child support, medical expenses and insurance coverage that the father was or potentially could be obligated to pay to his son. The Court of Appeals found that the district court erred when its determined that the son's claim for child support after his father's death was barred. The Court looked to Minnesota Statute Section 518A.39, subd. 4 (2008) which states "Unless otherwise agreed in writing or expressly provided in the order, provisions for the support of a child are not terminated by the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances." In other words, if an obligor dies before his or her child support obligation is terminated and there are assets in the obligor's estate, a claim can be made against the obligor's estate for the unpaid child support.