In the event that a person who had a child support obligation towards his children - his wife or parents - dies, they are entitled to receive child support, which will be paid to them from the estate left behind by the deceased.
This payment is due to them whether or not the deceased left behind a will in which he determined the distribution of his property.
In order to receive the payment of alimony, it is necessary to submit a request for the determination of alimony from the estate.
Who is entitled to alimony and for what period of time?
The law determines who is entitled to alimony and the period of their eligibility.
The eligible persons are:
A. The spouse of the deceased - alimony will be paid to him throughout the widowhood period (however, the court may grant a one-time grant to a widow who has remarried).
B. The testator's children - alimony will be paid until they reach the age of 18. If the testator left behind a disabled, retarded or mentally ill child, he is entitled to payment as long as he is in this condition.
C. An adult child - that is, from the age of 18 until they reach the age of 23 - if the court so determines.
D. The testator's parents - if they were supporting him at the time of his death. The alimony will be paid to them for their entire lives.
When should the application be submitted?
The request must be submitted before the distribution of the estate. With the court's approval, the request may be considered if submitted within 6 months of the date of distribution.
Court decision on the application
The court may decide that before ruling on a fixed amount of alimony, it will be necessary to first rule on temporary alimony, which will be paid until a decision is made regarding the fixed amount of alimony.
The court may also decide to award alimony retroactively, starting from the death of the testator.
The court will determine whether the amount of alimony will be paid periodically, or in a lump sum.
The court will also determine how the alimony will be paid - through an annuity, deposit, investment, etc., and to whom it will be provided. For example, in the case of minors, the court may decide to transfer the amount of their alimony directly to their surviving mother in the form of a monthly annuity.
What are the court's considerations when determining the amount of child support?
According to the law, the court may consider various considerations in determining the amount of child support to be transferred, including:
1. The value of the estate.
2. The share of those entitled to maintenance in the estate, as heirs by law or as beneficiaries by will.
3. The standard of living of the testator and the person entitled to maintenance, as well as the change in the needs of the person entitled due to death. This is especially relevant when the testator was the primary breadwinner, and the spouse did not work. .
4. The property of the person entitled to maintenance.
5. The income of the person entitled to maintenance from any source.
If the estate is not sufficient to pay alimony to all eligible persons, the court may award alimony only to those it deems most in need.
After the amount of alimony has been determined, and if the need arises due to a change in circumstances, it is possible to apply to the court to reduce or increase its rate.
For further questions, please contact us by email: [email protected]
Everything stated in this article does not replace individual legal advice and does not constitute a substitute for it.
Reliance on the information is the sole responsibility of the user.
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