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If custodial parent dies and there is an arrears and child is over 21, what steps should non-custodial parent take?

Q: Custodial parent lives in florida and the non-custodial parent lives in New York. I have been paying my support and arrears weekly. The custodial parent died and the child is 21 years of age. The child has been away at college on scholarship and now is home living with grandparents and hasn’t been living with custodial parent prior to death and not attending school and has been working. Now the child will be residing with non-custodial parent in New York and planning on returning to school later next year with the financial help of non- custodial parent 

A: Assuming its a NY child support order, file a termination petition. If the mother had an estate, however, it’s still possible you would need to re-pay the arrears to the estate. Call a White Plains Child Support attorney for a full assessment 

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