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Texas Family Code - Section 154.013. Continuation Of Duty To Pay Support After Death Of Obligee

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 154.013. Continuation Of Duty To Pay Support After Death Of Obligee

§ 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER DEATH 
OF OBLIGEE.  (a) A child support obligation does not terminate on 
the death of the obligee but continues as an obligation to the child 
named in the support order, as required by this section.
	(b)  Notwithstanding any provision of the Probate Code, a 
child support payment held by the Title IV-D agency, a local 
registry, or the state disbursement unit or any uncashed check or 
warrant representing a child support payment made before, on, or 
after the date of death of the obligee shall be paid proportionately 
for the benefit of each surviving child named in the support order 
and not to the estate of the obligee.  The payment is free of any 
creditor's claim against the deceased obligee's estate and may be 
disbursed as provided by Subsection (c).
	(c)  On the death of the obligee, current child support owed 
by the obligor for the benefit of the child or any amount described 
by Subsection (b) shall be paid to:
		(1)  a person, other than a parent, who is appointed as 
managing conservator of the child;
		(2)  a person, including the obligor, who has assumed 
actual care, control, and possession of the child, if a managing 
conservator or guardian of the child has not been appointed;
		(3)  the county clerk, as provided by Section 887, 
Texas Probate Code, in the name of and for the account of the child 
for whom the support is owed;
		(4)  a guardian of the child appointed under Chapter 
XIII, Texas Probate Code, as provided by that code;  or
		(5)  the surviving child, if the child is an adult or 
has otherwise had the disabilities of minority removed.
	(d)  On presentation of the obligee's death certificate, the 
court shall render an order directing payment of child support paid 
but not disbursed to be made as provided by Subsection (c).  A copy 
of the order shall be provided to:
		(1)  the obligor;                                                             
		(2)  as appropriate:                                                          
			(A)  the person having actual care, control, and 
possession of the child;  
			(B)  the county clerk;  or                                                   
			(C)  the managing conservator or guardian of the 
child, if one has been appointed;
		(3)  the local registry or state disbursement unit and, 
if appropriate, the Title IV-D agency;  and
		(4)  the child named in the support order, if the child 
is an adult or has otherwise had the disabilities of minority 
removed.
	(e)  The order under Subsection (d) must contain:                              
		(1)  a statement that the obligee is deceased and that 
child support amounts otherwise payable to the obligee shall be 
paid for the benefit of a surviving child named in the support order 
as provided by Subsection (c);
		(2)  the name and age of each child named in the support 
order;  and        
		(3)  the name and mailing address of, as appropriate:                         
			(A)  the person having actual care, control, and 
possession of the child;  
			(B)  the county clerk;  or                                                   
			(C)  the managing conservator or guardian of the 
child, if one has been appointed.
	(f)  On receipt of the order required under this section, the 
local registry, state disbursement unit, or Title IV-D agency shall 
disburse payments as required by the order.

Added by Acts 2001, 77th Leg., ch. 1023, § 6, eff. Sept. 1, 2001.          

Last modified: August 11, 2007