Does the death of one Ex Make the Divorce Decree null?
and void where it concerns the education of the child ? Unfortunately, the child of this marriage is 19 and although not emancipated, still needs to be supported. She's decided to move to FL to be with her deadbeat dad believing that one parent is better than none. He was legally bound to pay $119 per week for her support and 1/2 of medical ( he never helped her with medical bills) and college bills. He did pay half of the first year's tuition until my daughter was hospitalized with stage 4 cancer & died within 13 weeks. He tried to stop the money being taken out of his pay; but NJ has the strictest Child Support laws in the US so they kept taking it out of his pay but they still have the money (over 6 months). My granddaughter never got a penny yet & if she gets it, living with him, he will take it. We had to support her until she moved to Florida. I just paid her full college tuition for the Fall because it had to be paid by 6 pm the day I called. She was in the financial aid office ( I guess for his $ ?) but she didn't even tell us when it was due. I charged the tuition and since I paid for all the this semester, we expect him to pay for the Spring semester. We told her to tell him that & she thought it was a good idea & it gives him 4 months to save --but she let it go until the end because her mother always bailed him out (even out of jail once)! My question is if one party dies, does that make the divorce agreement Null and Void? Or does a court order have to be made to continue the agreement? Or what? We went to 2 different county Courts but they really didn't help us except to say either she or he needs a new court order to change the payee from my daughter's name to her daughter's name. I just wish the money would go into her educational Trust Fund instead of to him.
Creator 7, you need to read questions more carefully. I do say it is about my granddaughter and her father because my daughter died with Stage 4 cancer.