What Happens to Child Support If the Paying Parent Dies in Ontario?

In Ontario, child support does not necessarily stop when the paying parent dies. An order made under the Family Law Act binds the payor's estate unless the order provides otherwise. A court making a support order may also require a parent with life insurance to name the other spouse or a child as an irrevocable beneficiary.

Separately from any support order, a child the deceased was supporting or was legally obliged to support immediately before death is a dependant under the Succession Law Reform Act, and the court may order support from the estate if the deceased did not make adequate provision. That application must be made within six months from the grant of letters probate or administration, although the court may allow a later application for any part of the estate not yet distributed.

Divorce Act orders are different. Whether a Divorce Act order binds the payor's estate is not settled by statute the way it is for Family Law Act orders, so get legal advice if you are divorcing.