Does the death of one Ex Make the Divorce Decree null?

Question

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.

Update:

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.

Softtouchmale · Accepted Answer

Okay you need to hire a lawyer in New Jersey to file a motion to modify the support decree to transfer the funds to the granddaughter. 

Its that simple. Or if you've been supporting her in the stead of your daughter, then you have to intervene and have the order extended to reimburse you for the support you've paid out of the funds in the account.

The reasons why you're entitled to recover this money is because you paid for the girl's necessaries when her dad should have paid for them.

Once the mother died, the father became 100 percent responsible for his daughter's expenses and support, not just a fraction of it like before.

In every state, both parents owe a legal obligation to support their children. So if there's a support order and one parent dies, the courts usually require the surviving parent to take custody and support the child 100 percent. Its that simple.

Since the girl is 19 but unemancipated under New Jersey law, I know its funky, her dad is liable for every penny of debt she racks up.

There's your answer. Hire a good lawyer and let the lawyer dog this one out.

Sunday Crone · Answer

No.  at least not in CA,  The education and support of a MINOR child would continue, but the custodial person would received it through court order.
There are a couple things however.
1.  At age 19 she is no longer a Minor and unless the divorce states he is to pay for specific things after age 18.  Your Granddaughter would have to take him to court for college funds or petition the court that is holding the money.
2.  When She moved the court in NJ lost jurisdiction - The jurisdiction is with the court where she lives, or maintains permanent residence if she attends college in another state.
The court where she has permanent residence would have jurisdiction over 
the matter.

That her mother is deceased changes some things about the child support portion of the divorce but doesn't make the divorce null.  Her change of residence changes the jurisdiction and NJ should have be notified immediately
after your daughter died.
As far as supporting her or paying for her college, that was your decision and has nothing to do with the divorce.  The problem here is you expected him to do something he has never bothered to do in 19 years.
I would talk to an attorney and not bother courts.

Anonymous · Answer

you need to consult with an attorney

EVERY STATE IS DIFFERENT!

some states majority is attained at 18, some at 19 like yours.
some states DO NOT recognize any post-secondary education agreement as binding, period! even if it's written in a divorce decree. just like if you put that you waive child support in writing, that don't mean sh*t, you can always, ALWAYS get it. 

so just because something is in writing doesn't necessarily make it legally binding. you need to check your state laws!!!!

creator7seven · Answer

are you planning to kill him before he divorce you? wow

Its in their DNA · Answer

yes.

Trending News

Does the death of one Ex Make the Divorce Decree null?

5 Answers