§ 30-17. When children entitled to an allowance.
§ 30‑17. When childrenentitled to an allowance.
Whenever any parent diessurvived by any child under the age of 18 years, including an adopted child ora child with whom the widow may be pregnant at the death of her husband, or achild who is less than 22 years of age and is a full‑time student in anyeducational institution, or a child under 21 years of age who has been declaredmentally incompetent, or a child under 21 years of age who is totally disabled,or any other person under the age of 18 years residing with the deceased parentat the time of death to whom the deceased parent or the surviving parent stoodin loco parentis, every such child shall be entitled to receive an allowance oftwo thousand dollars ($2,000) for the child's support for the year next ensuingthe death of such parent. Such allowance shall be in addition to the child'sshare of the deceased parent's estate and shall be exempt from any lien byjudgment or execution against the property of such parent. The personalrepresentative of the deceased parent shall, within one year after the parent'sdeath, assign to every such child the allowance herein provided for; but ifthere is no personal representative or if he fails or refuses to act within 10days after written request by a guardian or next friend on behalf of suchchild, the allowance may be assigned by a magistrate or clerk of court uponapplication of said guardian or next friend.
If the child resides with thewidow of the deceased parent at the time such allowance is paid, the allowanceshall be paid to said widow for the benefit of said child. If the child resideswith its surviving parent who is other than the widow of the deceased parent,such allowance shall be paid to said surviving parent for the use and benefitof such child, regardless of whether the deceased died testate or intestate orwhether the widow dissented from the will. Provided, however, the allowanceshall not be available to an illegitimate child of a deceased father, unlesssuch deceased father shall have recognized the paternity of such illegitimatechild by deed, will or other paper‑writing. If the child does not residewith a parent when the allowance is paid, the allowance shall be paid to thechild's general guardian, if any, and if none, to the clerk of the superiorcourt who shall receive and disburse same for the benefit of such child. (1889, c. 496; Rev., s. 3094;C.S., s. 4111; 1939, c. 396; 1953, c. 913, s. 2; 1961, c. 316, s. 2; c. 749, s.3; 1969, c. 269; 1971, c. 528, s. 22; 1973, c. 1411; 1975, c. 259; 1981, c.413, s. 2; c. 599, s. 7; 1995, c. 262, s. 5; 1997‑310, s. 2; 2005‑225,s. 1.)