QUESTION

Do I still have to pay the wife child support now that my ex-husband passed away?

Asked on Sep 19th, 2012 on Personal Injury - New York
More details to this question:
Ex-husband passer away. He was remarried. I have been paying attorney fees and child support to him. It was things before he married. Do I still have to pay her? She was somehow allowed to adopt my children. The pay was set after they married but was for before they married.
Report Abuse

11 ANSWERS

Steven D. Dunnings
What is in your judgment?
Answered on Jun 27th, 2013 at 9:11 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Not clear who the players are. how could you have a wife and an ex-husband. read your opening line please and advise. If the children are of full age you should be off the hook.
Answered on Jun 27th, 2013 at 9:07 PM

Report Abuse
Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
No.
Answered on May 22nd, 2013 at 2:30 AM

Report Abuse
Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
It is impossible to say without seeing the dissolution judgment.
Answered on Sep 24th, 2012 at 9:08 PM

Report Abuse
Dennis P. Mikko
Typically after a step parent adoption there is a giving up of parental rights by the bio parent. Without reviewing the court orders in your case, it is not possible to determine why you were paying child support in the first place or whether it would continue.
Answered on Sep 21st, 2012 at 1:59 PM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
Your question includes some ambiguities that make it difficult for me to answer. For example, you say the child support was set after they married but was for before they married. This would imply that this was retroactive child support, as opposed to ongoing child support. If you owe retroactive child support, this is a debt and you must keep paying it until paid in full. If it is ongoing support, then you must keep paying it unless it is modified by the court. The fact that the father is deceased does not end you obligation to pay support to whoever has your children. However, the father being deceased could be grounds for you getting custody of the children. You would have priority for custody over the step mother, unless she adopted the children, in which case you have no parental rights. While you say she adopted them, this might be incorrect. I have had a number of parents advise me that grandparents, or a step parent has adopted their children, when, in fact they just obtained legal custody, which is not the same as adoption. If in fact there has been an adoption, then your obligation to pay ongoing child support ends on the date of the adoption (you would still have to pay retroactive child support).
Answered on Sep 21st, 2012 at 1:59 PM

Report Abuse
Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
Update Your Profile
If she has custody, you might have to continue paying. You need to look at your order and consult a domestic relations lawyer.
Answered on Sep 21st, 2012 at 1:58 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
You should consult with a lawyer who handles divorce and child support matters for specific legal advice and assistance.
Answered on Sep 20th, 2012 at 3:07 PM

Report Abuse
Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
1 Award
The child support is for the child and you must pay it until the child turns 18 or graduates from high school whichever occurs later.
Answered on Sep 20th, 2012 at 3:07 PM

Report Abuse
Ronald A. Steinberg
Why would you have to pay for your ex-husband? He was responsible for supporting his children, not you. When you divorced him, he took his debt with him. She can claim against his estate, but it isn't your problem.
Answered on Sep 20th, 2012 at 3:06 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
You can divorce your husband but not your children. You still owe them support.
Answered on Sep 20th, 2012 at 11:09 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters