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St. Charles Divorce Attorney

Before you finalize your Illinois divorce settlement, consider this: Will you and your children be financially protected if your ex-spouse dies prematurely? Under Illinois law, the obligation to pay spousal support, aka maintenance or alimony, terminates upon the death of either spouse unless otherwise agreed in your divorce settlement. Child support obligations, however, are not terminated by a parent’s death. The court may order a deceased parent’s estate to pay child support and college expenses

Child Support After a Parent’s Death

Per 750 ILCS 5/510(d), “the amount of [child] support or [post-secondary] educational expenses, or both, may be enforced, modified, revoked or commuted to a lump sum payment, as equity may require, and that determination may be provided for at the time of the dissolution of the marriage or thereafter.” To ensure your children’s financial security and your own peace of mind, you can ask for your child support order to specify how child support will be paid out of a parent’s estate in the event of death. Keep in mind that both parents have an obligation to support their children financially, so this determination should be made for both parents.

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