7-1105. PARENTS LIABLE FOR SUPPORT AND EDUCATION — DECEASED PARENT — LIABILITY OF ESTATE. Each parent of a child conceived or born out of wedlock is liable for the necessary support and education of the child and for the child’s funeral expenses. If a parent dies, an order of support or a judicially approved settlement made prior to that parent’s death shall be enforceable as a claim against the deceased parent’s estate in an amount to be determined by the probate court not greater than is provided in the order of settlement, having regard to the age of the child, the ability of the surviving parent to support and educate it, the amount of property left by the deceased parent, and the number, age and financial condition of those other persons legally entitled to support by the deceased parent during his or her lifetime.
History:
[7-1105, added 1969, ch. 93, sec. 4, p. 318; am. 2019, ch. 295, sec. 2, p. 876.]
Structure Idaho Code
Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY
Section 7-1101 - TITLE OF ACT.
Section 7-1102 - JURISDICTION OF DISTRICT COURT.
Section 7-1104 - ORDER FIXES LEGAL RELATIONSHIPS.
Section 7-1105 - PARENTS LIABLE FOR SUPPORT AND EDUCATION — DECEASED PARENT — LIABILITY OF ESTATE.
Section 7-1106 - ACKNOWLEDGMENT OF PATERNITY.
Section 7-1107 - LIMITATION OF ACTION.
Section 7-1108 - DEATH OF MOTHER — PROCEEDINGS CONTINUE.
Section 7-1109 - VENUE — BIRTH OUT OF STATE NO BAR.
Section 7-1110 - PROCEEDINGS — BY WHOM BROUGHT.
Section 7-1111 - COMMENCEMENT OF PROCEEDINGS.
Section 7-1112 - WARRANT FOR ARREST — WHEN ISSUED.
Section 7-1114 - TRIAL BY COURT — TESTIMONY ON ACCESS — CORROBORATION REQUIRED.
Section 7-1115 - TESTIMONY AND EVIDENCE RELATING TO PATERNITY.
Section 7-1116 - GENETIC TESTS.
Section 7-1117 - EXPERT WITNESSES APPOINTED BY COURT — COMPENSATION — PAYMENT.
Section 7-1118 - EXPERT TESTIMONY — WHEN ACTION DISMISSED.
Section 7-1119 - PRESUMPTION OF LEGITIMACY — WHEN REBUTTED.
Section 7-1120 - ORDER OF FILIATION.
Section 7-1121 - ORDER FOR SUPPORT — CONTINUANCE BEYOND AGE OF 18 — OTHER PAYMENTS BY FATHER.
Section 7-1122 - PAYMENT TO MOTHER OR TRUSTEE — REPORT TO COURT.
Section 7-1123 - CHANGE OF TRUSTEE.
Section 7-1124 - FULL FAITH AND CREDIT.