[WSBAPT] Death of Non-Custodial Parent

[Jennifer L White]

Brent,
Unless the Decree/Support Order states otherwise, the obligation to pay ends at death:
RCW 26.09.170<http://app.leg.wa.gov/RCW/default.aspx?cite=26.09.170>
Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds. (Effective February 1, 2021.)
(1) Except as otherwise provided in RCW 26.09.070<http://app.leg.wa.gov/RCW/default.aspx?cite=26.09.070>(7), the provisions of any decree respecting maintenance or support may be modified: (a) Only as to installments accruing subsequent to the petition for modification or motion for adjustment except motions to compel court-ordered adjustments, which shall be effective as of the first date specified in the decree for implementing the adjustment; and, (b) except as otherwise provided in this section, only upon a showing of a substantial change of circumstances. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.
(2) Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance or registration of a new domestic partnership of the party receiving maintenance.
(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the person required to pay support for the child.


Jennifer L. White, Esq.
[cid:image001.jpg at 01D79DA1.52915270]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, August 30, 2021 1:08 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Death of Non-Custodial Parent

Greetings List -

I have a new probate matter where the Decedent was a non-custodial parent, with a support obligation. There is a Will that leaves money to be set aside for college, as required in the divorce decree.  There is NO other reference to any further ongoing child support obligations.  The surviving spouse (2nd wife) is worried about the former spouse making a claim for on-going support.

This is a first for me and I am not certain if there are other family law statutes that control as there is NOTHING in the Will or divorce decree that requires payment of child support.

Appreciate any guidance to where I should begin!

Thank you,
Brent

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

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