While I do not agree with everything littleman has said, I DO agree with this last post (actually couple of posts ago now). What would the CP do if this $5K/month support simply stops as at result of payor death. As far as I can tell, the laws are all written that both CS and SS shall be paid in an amount determined by payor income.. and it's safe to say that that income will stop at death. Though the courts will sometimes order one or both parents to have life insurance to deal with this, there is, to my knowledge, NO requirement to pay support after death, even if the estate can afford it.
So.. and here is where I agree with littleman, the recipient CP should be responsible to earn his/her own income, if for no other reason than to enure that the child will have cared for after payor death. And BTW.. it's not only the "death" life event hat can trigger this. The same would be true if the payor had a stroke, a serious car accident, or got downsized out of a job.
In my own case, I have shared custody (in same home) and I pay CS, and pay all home expenses and most child expenses, AND deliver half of all child care. (kids 10 and 15). Been these way for 5 years. My ex has very limited expenses for the kids, and none for the home. In total there are 3 adults in the house (her sistyer as well) all capable to take care of the kids (who in any event are quite capable and independant themselves. So the setting SHOULD enable the ex to get re-educated and get a job.. but she does NEITHER. She is 45, and i am 58, and I can see the day coming where I am no longer able to cover expenses as I have been. And unfortnately, when that day comes, the ex will not be equipped or ready to take over.
I know that my ex EXPECTS to receive support for life, in the form of CS and free housing (as now) or in the form of indefinate CS and SS if in separet housing. She has told me so. She EXPECTS to not work. She feels ENTITLED to "lifetime support".
And.. in case anyone thinks we had a traditional marriage, where she was a stay at home mom when the kids were younger, we were NOT. She worked the entire time of our marriage, with the exception of 12 months maternity leave at the birth of each child. We have day care from a young age, and my youngest spent 18 months with my ex and I in the office where we both worked. Then.. about 7 years ago.. she just decided.. unilaterally, that she was done working.. forever. I didn't agree.. and that lead in 2006 to our separation.
BOTH parents are supposedly REQUIRED to act in the best interests of their children. And I simply can't see ANY arguement that would justify my ex NOT seeking employment as being in the kids best interests. If anything, it's a bad influence on the kids to see a parent litterally doing nothing.