25 May 2016

A question about : child support following death of ex.

My ex paid maintenance for our one son. My ex passed away nearly a year ago. I think all widows and widows benefits only relate where still married. Wierd since divorce doesn't alter parental responsibility. Does anyone know whether there is any help out there for maintenance post death? I understand that income from a trust fund can be used but until that is sorted how do surviving parents manage? I've increased my hours and now gone full time but I'm still struggling. Being full time now is hard on my son when he's just lost his dad.

Best answers:

  • I don't think there is to be honest.
    When that sort of thing happens then you are in no different a position that any other one parent family.
    If there is a trust fund, is there no way he can have some funds in the interim
  • Thanks for your reply.
    I see what you say about us being no different to any other one parent family - but even they should get child support maintenance - I'm not saying, of course, that they do get it. There's many stories abound of where absent parents don't pay. But at least they have a whole government department allegedly (CSA) on their side!
    Following death of a parent/former spouse seems to leave the surviving parent in rather a vulnerable position. I understand that in other European countries widowed parent benefit is paid to former spouses when raising children, but not in the UK.
    The trust cannot be used until my child is 23. Only the interest from it can be used in the meantime. However nearly a year on it still hasn't be set up - so long is the process for it to be sorted. Meanwhile, I still have a child who has been used to a lifestyle that was possible due to the bit extra I reveived from his dad by way of maintenance, including a home.
  • We were advised that if something were to happen to my husband then his ex would have a claim on his estate to the value of the child support payments that he had been paying for his children.
  • The situation is traumatic, but from a financial perspective, it is no different to a nrp who was paying maintenance and is suddenly unemployed, or decides to stop working and is supported by his partner. Many pwc have to suddenly adjust their budget to take into account the loss of child maintenance.
  • I have a life insurance policy on my ex for this very reason.
  • Did you not take out an insurance policy? You are able to do this as an ex as you do have an unsurable interest due to having a child together.
    If an estate was left you are entitled to some support from it until your child reaches 18 or the estate is closed.
  • As tragic as the situation is in that your son has lost his father.
    Unfortunately, financially, it is no different a situation than one when Maintenance payments cease due to no longer being entitled due to childs age etc.,
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