What Happens to Child Support If the Paying Parent Dies in Ontario?
Support does not necessarily stop at death. Under the Family Law Act, an order for support binds the estate of the person with the support obligation unless the order provides otherwise. Whether a Divorce Act order binds the estate is not settled the same way by statute, so get legal advice in divorce cases.
A child can also claim from the estate. 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. The application must be made within six months from the grant of letters probate or administration, though the court may allow a later application for any portion of the estate not yet distributed.
When making a support order, a court may also require a parent with life insurance to designate the other spouse or a child as beneficiary irrevocably. Whether any of this applies to you depends on the wording of the order and the estate. Because deadlines are short, speak with a lawyer early.
Key takeaways
- A Family Law Act support order binds the estate of the person with the support obligation unless the order provides otherwise.
- A child the deceased was supporting, or was legally obliged to support, is a 'dependant' who may claim support from the estate if adequate provision was not made.
- An estate support application must be made within six months from the grant of letters probate or administration, though the court may allow a later one for undistributed estate property.
- A court making a support order may require a parent with life insurance to designate the other spouse or a child as beneficiary irrevocably.