This bill amends existing law to bar a parent who is delinquent in child support payments from inheriting any part of their deceased child's estate or from administering the estate. Specifically, a parent will lose their rights to intestate succession and estate administration if they owe past due child support that equals or exceeds the amount payable for six months, and no regular payments have been made. The bill also stipulates that the parent would be prohibited from bringing wrongful death or survival actions on behalf of the deceased child, although other relatives or appointed individuals could still pursue such actions.

However, the bill includes provisions that allow the parent to contest this disqualification if they can demonstrate, by a preponderance of the evidence, certain conditions. These conditions include being unemployed during the period of arrears without willful intent, having unpaid support that does not exceed half of the child's life, not willfully defaulting on obligations, having taken responsibility for the child's care, and maintaining a relationship with the child that aligns with the best interests of the child standard.

Statutes affected:
Introduced: 3B:5-14.1