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Old 03-22-2012, 02:31 PM
About_Time About_Time is offline
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Default Child Support Upon Death of Ex

About a month ago, my ex-wife passed away suddenly at the age of 38. My children, for whom I had joint custody but was not the custodial parent, are now living with me full time and adjusting as well as can be expected.

I have been advised that because I had joint custody I don't really need to go back to court to amend the order, as custody defaults to me in such a situation. That's the good news (if correct). Trickier is the issue of child support. My son is not mine biologically, though I have always acted in loco parentis and was paying a partial support amount for him under my 2009 court order. His biological father was paying full child support to my ex under this order as well.

I have been advised by FRO that my ex's death has essentially nullified the bio dad's responsibility to pay and that his payments do not default to me now that I am the de facto custodial parent. They advised that I would have to change my order or get a new order under which his support payments would come to me. As FRO is notoriously WRONG about so many things, I thought I'd come and ask the wiser minds here before mucking about with my order.

I'm stable financially and not in desperate need for the money, but it would be nice to have so that I can squirrel it away for college/university, as my son is now 15.

Any advice you can offer about the child support issue specifically and anything else I may have to address upon my ex's death more generally would be greatly appreciated. Many thanks.