It is understood by family law practitioners that child support generally terminates upon the emancipation of the child or the death of the payor. Pursuant to Pennsylvania caselaw, parents do not have a duty to provide for minor children in their estate. However, pursuant to the recent Pennsylvania Superior Court case of In re Estate of Johnson , a party may, by contract, bind his or her estate to pay child support after his or her death.
The facts of the Johnson case are as follows: Mr. and Mrs. Johnson entered into a marital dissolution agreement when they divorced in 1993. The parties’ agreement contained a provision for child support. Mr. Johnson died testate Feb. 21, 2002. At that time, Mrs. Johnson was “the guardian” of the couples’ two minor children. “Mrs. Johnson filed objections to the Executor’s proposed First and Final Account, alleging that the Estate was bound by the terms of the 1993 Marital Dissolution Agreement to continue to provide child support and cover other expenses on behalf of the minor children. The Executor disputed those obligations and noted that the children began receiving $929.00 per month in Social Security benefits after their father’s death.”
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