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Death of Non-custodial Parent
On Lawyer & Legal » Family Law
4,564 words with 2 Comments; publish: Sat, 13 Jan 2001 12:26:00 GMT; (80046.88, « »)
Need information on the laws for Florida, Kentucky, and North Carolina regarding the following:
If the non-custodial, child support-paying, parent dies, does the custodial parent (former spouse) have the right to any of the following:
a. Sue the surviving spouse for a portion of the estate on behalf of the children for whom child support was being paid?
b. Sue to force the surviving spouse to liquidate the marital home and/or other marital assets on behalf of the children for whom child support was being paid?
c. Does the custodial former spouse have any rights whatsoever if there is a surviving spouse?
d. Assuming no surviving spouse, does the former spouse have any rights on behalf of the surviving children?
The non-custodial, child support-paying, parent has a will. My questions concern things that are not adressed in the will.
Follow-on question: Does the non-custodial, child support-paying, parent have any rights on behalf of the children to the estate of a former spouse who dies?
http://familylaw.itags.org/q_family-law_41343.html
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- Quote:
=== Original Words === LadyBlu
Quote:=== Original Words === Isis
Need information on the laws for Florida, Kentucky, and North Carolina regarding the following:
If the non-custodial, child support-paying, parent dies, does the custodial parent (former spouse) have the right to any of the following:
a. Sue the surviving spouse for a portion of the estate on behalf of the children for whom child support was being paid?
b. Sue to force the surviving spouse to liquidate the marital home and/or other marital assets on behalf of the children for whom child support was being paid?
c. Does the custodial former spouse have any rights whatsoever if there is a surviving spouse?
d. Assuming no surviving spouse, does the former spouse have any rights on behalf of the surviving children?
The non-custodial, child support-paying, parent has a will. My questions concern things that are not adressed in the will.
Follow-on question: Does the non-custodial, child support-paying, parent have any rights on behalf of the children to the estate of a former spouse who dies?
You need to talk to atty's in each of the states you have mentioned. As much as I would like to help you, it would take hours of research to find the answers to your questions for each state you have listed.
This board is more for Generalized questions in one to two states. What you are requesting is something that is worth alot of time/money in research.
Here is the link to the statutes on Child Support/Modifications etc.. for KY, http://www.lrc.state.ky.us/krs/403-00/213.PDF
The other url's are posted on your other threads.
#1; Sat, 13 Jan 2001 14:03:00 GMT

- Quote:
=== Original Words === Isis
Need information on the laws for Florida, Kentucky, and North Carolina regarding the following:
If the non-custodial, child support-paying, parent dies, does the custodial parent (former spouse) have the right to any of the following:
a. Sue the surviving spouse for a portion of the estate on behalf of the children for whom child support was being paid?
b. Sue to force the surviving spouse to liquidate the marital home and/or other marital assets on behalf of the children for whom child support was being paid?
c. Does the custodial former spouse have any rights whatsoever if there is a surviving spouse?
d. Assuming no surviving spouse, does the former spouse have any rights on behalf of the surviving children?
The non-custodial, child support-paying, parent has a will. My questions concern things that are not adressed in the will.
Follow-on question: Does the non-custodial, child support-paying, parent have any rights on behalf of the children to the estate of a former spouse who dies?
You need to talk to atty's in each of the states you have mentioned. As much as I would like to help you, it would take hours of research to find the answers to your questions for each state you have listed.
This board is more for Generalized questions in one to two states. What you are requesting is something that is worth alot of time/money in research.
#2; Sat, 13 Jan 2001 13:13:00 GMT