What Happens to a Child After the Death of the Parent?

What Is the Impact of Custodial Parent's Death on Child Support?

What Is the Impact of Non-Custodial Parent's Death on Child Support?

What Happens If the Deceased Parent Has a Partner?

FAQs About Child Support After Parent’s Death

What will happen if the non-custodial father refuses to pay child support despite affording it after the custodial mother's death?

As per Section 125 of the Criminal Procedure Code (CrPC), 1973, a father is bound to provide child support if he has the financial ability to do so. However, on refusing to do so before the child becomes 18 years, the legal guardians of the child can file a petition against him.

If the mother cannot care for the child, to whom will the child go after the custodial father's death?

If the mother is not in any position to take care of the child, any close relative or grandparents can become its guardian after its custodial father's death.

What is the support of an illegitimate child if its custodial mother dies?

As per Section 6 of the Hindu Minority and Guardianship Act 1956, the mother is the immediate guardian of an illegitimate child. However, on her untimely demise, the biological father can claim guardianship of the child.

What are the factors influencing child support calculation?


The judge goes over various parameters before deciding the amount of child support. Some of these are:

  • Health and age of the parents
  • Their monthly salary
  • Whether they have any pending debts
  • Whether they are holding any shared assets or investments

What is the maximum age limit for a child to get financial support?

A child can receive financial support till the age of 18 years.