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Securing Support Obligations: Child Support Following Death

Child support following death

Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if that parent pre-deceases the child reaching the age of majority?

Florida Statute 61.13(1)(c) establishes the jurisdiction of the court to require that the obligor be required to purchase a life insurance policy or bond to ensure support for the minor child in the event of their untimely death. However, while the court has jurisdiction to impose this requirement to the extent necessary to protect an award of child support, there are numerous factors which the court takes into consideration in deciding whether this is required. Often, the court will only impose such a requirement if the obligor has a stronger likelihood, based on employment, health concerns, or other applicable concerns, of an early or untimely death. These obligations become more frequent in circumstances wherein the parent may be a first responder, have another high-risk level of employment, or have a history of terminal or mental health issues which may bring further concern.

While the Court is able to consider other factors in requiring this obligation, it is important to have educated and well-versed counsel to guide you. The Rice Law Firm has handled many child support determinations and modification proceedings since 1986. Contact us today at our Daytona Beach location at 386-310-2914.