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July 30, 2006

Duh, Child Support Obligation Survives Death of Custodial Parent

Posted by Filed under Child Support.

The TN Supreme Court recently handed down a decision affirming that the non-custodial parent must contribute to the support of minor children throughout their childhood, regardless of whether the custodial caregivers are the other parent or grandparents.

This particular case arose after the custodial parent, the mother, passed away while the children were minors. The children’s grandparents then became their legal guardians.

And the father concluded that he no longer was obliged to pay child support - because of the children’s mother’s death.

And the father pursued this position all the way to the state’s highest court.

He’s not the first non-custodial parent to have that point of view. I’ve had non-custodial parents consult me in regard to pressing the same argument.

Read more in this Tennessean article: Court sides with the kids.

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