Can a Deadbeat Parent File a Wrongful Death Claim?

The death of a minor child is always a tragedy. When a child is killed in an accident or due to someone else’s negligence, the parents of that child may have the right to bring a wrongful death case. But what if one of those parents has failed to pay child support for the minor? Can a deadbeat dad (or deadbeat mom) recover if the child they refused to pay for dies?

In Tennessee, a parent who owes child support arrearages must pay those amounts in full, including interest, before he or she can recover wrongful death proceeds for the death of that child. The back child support does not affect his or her ability to file the claim—the mother or father still has the right to file the wrongful death claim under Tennessee law, even when back child support is owed. But even though a deadbeat dad (or deadbeat mom) may file a wrongful death claim, the parent to whom child support is owed must be paid before the other parent can collect damages.

Notably, this rule only applies to child support owed for the deceased child. For example, imagine that a man and woman had two children together, and the man was behind on child support for both children. If one of the children died in an accident and the man wished to collect wrongful death proceeds, he would only be required to pay child support arrearages related to the deceased child. The arrearages for the child that was still alive would not be a factor in his ability to collect wrongful death damages.

If a parent has abandoned the child and the abandonment meets certain criteria, Tennessee law prohibits that parent from recovering through a wrongful death action. According to Tennessee’s wrongful death statutes, a parent who has intentionally not paid child support for two years or more, despite a court order to do so, and who has intentionally not contacted or visited the child during that time period cannot recover wrongful death damages.

For more information about who has the right to file a wrongful death claim or lawsuit, visit this page. You can also read more about who collects wrongful death damages if a lawsuit is successful.

If you would like to talk to one of our experienced wrongful death attorneys about a potential case, we offer a free initial consultation so that you can better understand your legal rights and options. If we think you have a case and you decide to hire us, we handle all accident cases on a contingency basis, which means we only get paid if we recover money for you and your family. To get started, please contact us online or at one of three office locations. While our offices are all physically located in Middle Tennessee, we handle wrongful death cases throughout the State of Tennessee.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787

For more information on wrongful death cases in Tennessee, you can visit these links:

1. How did the accident happen and who is to blame?
2. What types of damages are recoverable in a wrongful death suit?
3. What is the deadline for bringing a wrongful death suit in Tennessee?