Can Your BC Estate Collect Child Support After You Pass Away?

In BC, your estate can collect child support after your death if you are the recipient. Per Section 171 of the Family Law Act, arrears remain collectible as judgment debts against the deceased payor’s estate. However, ongoing support obligations typically end unless previously established by written agreement or court order. Your executor must join existing family law proceedings to pursue these claims. The following information will guide you through this complex intersection of family and estate law.

Child Support Obligations Beyond Death: BC’s Legal Framework

When a parent with child support obligations dies, many families are left wondering if those financial responsibilities continue. In British Columbia, the Family Law Act (FLA) provides a framework for these situations.

Under Section 171, child support obligations can continue after a payor’s death if previously agreed upon or ordered by a court.

If your support agreement or court order is silent about binding the estate, you are not automatically out of options. As a recipient, you can apply under Section 171(3) for child support to continue as a debt against the deceased parent’s estate.

The court will consider factors including the child’s ongoing needs, the estate’s ability to meet those needs, and whether other practical means exist to support the child. This creates a balanced approach to protecting children’s interests while respecting estate limitations.

Section 171 of the Family Law Act: Critical Provisions for Surviving Families

Section 171 of the Family Law Act serves as a critical lifeline for families dealing with the financial aftermath of a parent’s death.

This provision enables child support obligations to continue after a payor passes away, but only if specifically agreed upon in writing or ordered by the court.

If you are receiving child support and the payor dies, you can apply under section 171(3) to have these obligations continue as a debt against their estate.

The court will consider several factors, including:

• Your child’s significant financial need
• The estate’s capacity to meet these needs while addressing other claims
• Whether practical alternatives exist to meet your child’s requirements

Unlike ongoing support, arrears are considered judgment debts that remain collectible after death, as established in Carpentier v. BC.

You will need to guarantee the estate’s representative is added as a party to enforce collection.

Bouchard V. Bouchard: Key Lessons for Support Recipients

The Bouchard v. Bouchard case offers critical lessons for child support recipients facing the death of a payor. In this case, the mother’s claim for trust funds as child support was dismissed due to procedural missteps. She improperly relied on section 170(g) of the Family Law Act rather than section 171, which specifically addresses how support obligations can continue after death.

The court’s ruling emphasizes that when a support order is silent about binding the payor’s estate, you must make a proper application under section 171(3).

Without proper representation for the deceased’s estate and following the correct legal pathway, your claim may fail regardless of its merit. Remember that establishing a debt against an estate does not guarantee immediate payment, and proper estate administration is essential for considering children’s financial needs.

Carpentier V BC: How Arrears Survive as Judgment Debts

While Bouchard illustrates procedural pitfalls, another significant case clarifies what happens to existing support debts after death. In Carpentier v BC (2017), the court established that while ongoing child support obligations end with the payee’s death, any arrears already owed remain collectible as judgment debts.

If your ex-spouse owes you child support when you pass away, these arrears do not disappear—they become assets of your estate.

However, your personal representative must be added as a party to family law proceedings to enforce collection.

Legal proceedings do not automatically include estates. Your executor must formally join existing cases to recover support arrears owed to you.

For estate planning purposes, you should update your Will to specifically direct your executor to collect any outstanding child support arrears.

This guarantees your children benefit from funds legally owed to your estate, even after you are gone.

The Difference Between Ongoing Support and Arrears Collection

Based on court rulings in cases like Carpentier, a vital distinction exists between ongoing support obligations and arrears when it comes to child support after death.

The courts have established that future support payments terminate when the recipient parent dies, as these obligations are considered personal to the payee. You cannot continue collecting new support payments after death.

However, any arrears owed before death survive as judgment debts collectable by your estate. These unpaid amounts do not disappear when you pass away—they become assets your executor can pursue.

This distinction is vital for estate planning, especially if you are owed significant support payments. For arrears to be properly collected, your executor must be formally added as a party to the family law proceedings that established the original support order.

Step-By-Step Process for Claiming Support From a Deceased Payor’s Estate

Claiming support from a deceased payor’s estate follows specific legal requirements under the Family Law Act (FLA) in British Columbia.

You will need to act promptly through these steps:

First, consult a family law lawyer to determine your eligibility under Section 171 of the FLA.

Next, gather all documentation, including existing support orders, financial records, and proof of the payor’s death.

File an application with the court requesting the support obligation continue as a debt against the estate.

Your application must demonstrate significant need, the estate’s ability to pay, and lack of alternative resources.

If granted, you will need to verify the estate administrator recognizes this claim during asset distribution.

Remember that support claims generally hold priority over many other creditors, but they do not automatically override secured debts or administration expenses.

Priority Rankings: Where Child Support Stands Among Estate Claims

When a deceased person’s estate faces multiple claims, understanding where child support stands in the priority ranking becomes essential for both recipients and estate administrators.

In British Columbia, child support claims generally hold priority over many other claims against the estate.

The typical order of priority places funeral and administration expenses first, followed by secured debts like mortgages. Child and spousal support arrears typically rank higher than general unsecured debts such as credit cards and loans.

This means your child support claim will usually be paid before the estate distributes assets to beneficiaries named in the will.

If you are seeking to collect child support from an estate, this priority ranking improves your chances of receiving payment, especially when the estate has limited assets.

Estate Planning Strategies for Support Recipients

If you are receiving child support payments for your children, effective estate planning becomes essential to protect these financial resources in the event of your death.

As established in Carpentier v. BC, while ongoing child support obligations end upon your passing, any arrears remain collectible by your estate.

To safeguard these entitlements, include specific provisions in your will directing your executor to collect outstanding child support payments.

Explicitly instruct them to be added as a party to any family law proceedings that were active before your death.

If you are enrolled with the Family Maintenance Enforcement Program (FMEP), make certain your will addresses this relationship and authorizes continued enforcement activities.

Do not leave this to chance—proper documentation guarantees your children receive the financial support they are entitled to.

How Vest Estate Law Can Help

Steering through the complex intersection of family law and estate planning requires specialized expertise, particularly when child support obligations are at stake after death.

As a boutique firm focused exclusively on estate law in Alberta and BC, Vest Estate Law offers targeted support to guarantee your estate can collect or manage child support obligations after you pass away.

• We can update your estate planning documents to include specific directions for collecting child support arrears owed to you.
• Our team can advise personal representatives on the proper legal procedures to become parties to existing family law proceedings.
• If litigation becomes necessary, we provide experienced representation in estate matters involving child support claims.

Do not leave these complex financial matters to chance. Work with specialists who understand both family and estate law implications.

Frequently Asked Questions

Can Grandparents Pursue Child Support Claims After a Parent’s Death?

No, you cannot pursue child support claims as grandparents after a parent’s death. Only the deceased parent’s estate, through a personal representative, can collect support arrears owed.

How Are Child Support Obligations Affected by International Assets?

You will need to pursue enforcement of child support obligations for international assets through international treaties and bilateral agreements. Your child support order may require registration in the relevant foreign jurisdiction.

Does Remarriage of Surviving Parent Affect Estate-Based Support Claims?

If you remarry, it will not automatically extinguish estate-based child support claims. Courts still consider the children’s needs, the estate’s ability to pay, and other financial resources available to the children.

Can a Support Order Be Modified After Payor’s Death?

Yes, you can modify a support order after the payor’s death through an application under section 171(3) of the Family Law Act, which allows courts to examine needs, estate sufficiency, and other practical means of support.

How Do Bankruptcy Proceedings Impact Posthumous Child Support Collection?

If you are declaring bankruptcy, it will not erase child support debts. They remain collectible against your estate after death, as they are non-dischargeable debts with high priority in bankruptcy proceedings.