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How to Handle Unpaid Child Support When the Responsible Person Dies

If the former spouse dies, and that person is responsible for child support, whether arrearages, or current, or future child support payments, there can be recovery against the deceased person’s estate.

For that reason, if possible, there should be adequate life insurance in place so that in the event of the death of the responsible former spouse regarding child support obligations, said child support obligations, whether child support arrearages, or current, or future, can be recovered from the estate if insurance proceeds are payable to the estate. Another strategy could be to identify a beneficiary such that insurance proceeds would be payable directly to the beneficiary.


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In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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