Why Is Father Still Paying Child Support for Deceased Son?

When a couple that has children decides to end their marriage, or simply split up if they are not married, then the custody of those children will have to be determined. Once the custody and living arrangement is set up, another important factor will still need to be addressed. That is how much child support will the non-custodial parent have to pay to the custodial parent in order to help support the children and make sure that their needs are met?

Child support can often be a very contentious subject for the parents involved and it can be a difficult situation for the children to be placed in. In any case, the overall point of child support is to ensure that the children’s needs are met. Most parents want to make sure that their kids are taken care of even if they don’t want to cooperate with their ex-spouse or companion. However, not everyone who is paying child support should be. There are actually some situations wherein the parent is being treated unfairly.

Such is the case, with one Kentucky man who has been paying child support to the Friend of the Court in Wayne County, Indiana even though the child has been dead for 25 years. The Friend of the Court claims that they did not know about the situation until 2011 when the man asked them why he was still paying child support for a boy who died when he was only three years old. The man never questioned the payments before because he believed they were going toward another child who he also fathered with the deceased boy’s mother.

The court agreed to do another audit and claimed that the man still owed more than $6,000 to the Friend of the Court. However, because this man was paying more money than he really should have been for all those years, he believes that he most likely doesn’t owe anything at this point. The court did take responsibility for its mistakes and it did apologize. However, the man says he will still seek another audit before making any more payments or filing his taxes.

While this scenario is obviously unique, there are many other much more common situations in regards to child support that come up every day; and we can help you with any of those situations. Anyone needing help with child support or who would like to seek a modification in his or her child support payment should contact us today at The Bellinger Law Office. Just call us at 260-428-2214.