Sec. 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, Sec. 6, eff. Sept. 1, 2001.
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