Legislative Update: Child Support and Death of the Obligor
An old adage says that only two things are certain in life – death and taxes. If you’re required to pay child support under a Texas court order, you’d better make those three things – death, taxes, and child support.
The legislature created a new section to the Texas Family Code – Section 154.015, which becomes effective September 1, 2007. If the parent obligated to pay child support dies before his/her child support obligation terminates, the remaining obligation becomes accelerated and the unpaid child support becomes a claim against the estate.
Though most conscientious parents want to ensure the stability of the children’s future in the event of their death, it will be interesting to see how the application of this new family code section plays out in both family court and probate court.