When one ex spouse dies (young) is the divorce agreement regarding college payments support for their child still in effect? 19 year old "...

Question

When one ex spouse dies (young) is the divorce agreement regarding college payments & support for their child still in effect? 19 year old "child" has moved to Fl from NJ to live with her dad but he has not paid his 1/2 share of college costs. We have assumed the 1/2 the mother (our daughter) would have paid? Child support is still being taken out by NJ but child never got the money & we had to support her for 6 months. I just paid her Fall college bill but want him to pay the Spring bill in full - rather than split it 50/50 this year. She is not emancipated but is now 20 & my son, the Trustee of her Educational Trust & Executor cannot really do anything because of her age. She would have to take her Dad to court? That's what Sussex & Warren Cty Courts told us & she would never do that. Question is " Is the Divorce decree regarding her education still in effect when one party dies"? Or does a death make the terms of the Divorce null & void?

Answer

You lost your daughter far too early, I am sorry to hear that. On top of that, you have her exhusband to deal with. I can assist.

His obligation to pay child support changes, because your daughter does not now have custody, she has gone. His obligation on the college costs - an interesting question. The executor of your daughter's estate may be able to take this to court and force him to pay. That is the approach I would take.

The daughter take her father to court - I understand she will not do this. Have your son contact me, he is his sister's Executor, and I will assist.

I can help you with this. And I will tell you up front what it will cost to do this for you.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]/* */

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.