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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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My ex husband is paying back child support for my son. My

Customer Question

My ex husband is paying back child support for my son. My son recently passed away. Will he have to continue to pay it until all back support is paid? Also, in Colorado I am entitled to received compounding interest on the back owed. I plan to have this calculated and get a court order to send to the SS office. If my ex husband passes away do I continue to receive the back support until it is all paid?
Submitted: 1 year ago.
Category: Social Security
Expert:  emc011075 replied 1 year ago.

Hi. My name is ***** ***** I will be happy to help you.

After death of a child the child support payments may or may not be terminated. It depends on the state you live in and if there's a condition in your divorce degree that address it. Your ex can also appeal and have the child support payments terminated by a court order.

According to a Denver divorce attorney:

“Emancipation” in Colorado occurs when a child turns 19, marries, joins the military, graduates from high school and/or becomes self-sufficient, or death–whichever comes first. These are considered the moments when a child becomes an adult.

Regarding your ex social security, only payments your ex is entitled to can be used to repay child support. Day after your ex passes away his eligibility for benefits will be terminated, which means the child support repayment will be terminated as well.

Customer: replied 1 year ago.
I understood that in Colorado it does not matter how old the child is the back child support is still owed.
Customer: replied 1 year ago.
I do not feel this was well researched and I have not been given any information to really help me.