>So if an NCP dies, can a CP collect on both the SS
>estate? Seems pretty greedy to me!
The SS benefits would offset the support amount, dollar for dollar. But, the guidelines remain, i.e., the court may order support based on the parent's actual income, which, as you are dead, would be 0$, or based on your earning capacity. So, if you have investments that pay income, even after you are dead, then that income can be used to impute a support obligation.
This, is, of course, one of things that can only occur in the fantasy world of family law, where all normal legal theories fall on deaf ears. After all, a person who is dead has no earning capacity, and their investments generally are vested in the beneficiaries/heirs.
So, if you die and your will creates a pour over trust for the benefit of the child, then that trust isn't actually your estate anymore. It's the child's trust. So, how can the court order child support
from the child's property? Answer: because.
In short, don't ask why -- just assume that if there's money lying around and the other parent goes to court and ask's for it, "in the child's best interests," you can pretty much be certain that the court will award the money.
Unless, of course, if your trust is located in Grand Cayman, Isle of Nevis/St. Kitts, Burmuda, etc. But, most people can't afford such an option. If you can, then you need to speak with an asset protection attorney.