Texas Family Code
§ 154.013 — CONTINUATION OF DUTY TO PAY SUPPORT AFTER DEATH OF OBLIGEE
FA § 154.013Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 154. CHILD SUPPORT · Art. A. COURT-ORDERED CHILD SUPPORT
Statute text
View on source(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 Estates 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 Chapter 1355, Estates Code, in the name of and for the account of the child for whom the support is owed;
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.018, eff. September 1, 2017.