Legal Question in Family Law in Texas
child support
my mother filed for child support from my father who has recently passed away. ''we'' the children are administrators of his estate, so we would have to pay her child support even though we are the children. she's never took care of us our father took care of us. If we go to court can we represent ourselves since we are the children?
1 Answer from Attorneys
Re: child support
There is some confusion on this area of the law because the Legislature passed a bill that took place last September that required the estate of a person paying child support (the obligor) to pay the person receiving child support (the obligee) the value of any future child support payments that would have been due if the person had not died.
However it sounds from your question that all of you are now adults, so that acceleration provision above does not apply.
Family Code Section 154.013 states that payment from the estate of the deceased parent for back child support goes to "the surviving child, if the child is an adult or has otherwise had the disabilities of minority removed."
You should probably have a lawyer help you navigate this problem as it goes beyond a do-it-yourself issue.
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