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Child support obligation after death...

tootsie's picture

Submitted by tootsie on Sun, 02/25/2007 - 12:13am

According to the Texas Family Code, Section 154.013, my husband's estate is required to continue to pay the child support obligation according to the decree. Does this mean that in the event he predeceases me, that I would be required to make payment toward his child support obligation with life insurance proceeds? Any help or advice would be appreciated.... Thanks. Tootsie

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tootsie's picture

Submitted by tootsie on Sun, 02/25/2007 - 12:23am

I wanted to add this also: BM is so mean and hateful, even though my husband is required to and does provide a life insurance policy naming her as beneficiary for $250k, I can see her still suing me for monthly child support. This woman really does scare me...

Anne 8102's picture

Submitted by Anne 8102 on Sun, 02/25/2007 - 9:18am

If he names you as a beneficiary of a life insurance policy, then upon his death, that becomes your money. It's not part of his estate. His estate would include things like stocks, bonds, cash, checking/saving accounts, real property, etc. You would not be required to make any payments to her period, although a probate judge might want to liquidate his assets and pay the remaining child support obligation from that. If you're really concerned, then I'd see an estate planner to help protect your interests, especially if you own property together and have money in joint accounts. An initial consultation with an attorney (or even ask to meet with a paralegal) wouldn't be that expensive and it might help you to rest easier.

~ Anne ~

Ladies and gentlemen, take my advice: Pull down your pants and slide on the ice! -M*A*S*H (Sidney Freedman to the OR staff on dealing with stress)

Anonymous's picture

Submitted by Anonymous (not verified) on Sun, 02/25/2007 - 10:33pm

Social Security benefits from your husband would be paid towards the child upon your husbands death. If the life insurance in under stepson's name, it becomes his money. But I would check and be sure the money goes into a trust account. BM may be entitled to "draw" from ss bank account if the insurance money were to be placed into a regular bank account.

I very much doubt, in any case, that you would be liable to pay child support.

Candice's picture

Submitted by Candice on Mon, 02/26/2007 - 7:56am

Prior to getting married, my dh and I got a prenup, and when my legal counsel was going over our prenup and explaining the laws to me, my first question to him was "if something happens to my dh, what happens to cs?" and in my state when the obligor dies, so does cs. The bioparent can receive ssi for the child until the child reaches 18.

I can't tell you what Texas really says about it, but I'm optimistic for you that you won't be held accountable for cs upon death. Let's just hope you don't ever have to cross that bridge!

Bests,
Candice

Brandy's picture

Submitted by Brandy on Mon, 02/26/2007 - 9:39am

First of all they can only touch what your husband had before he married you as long as it doesn't have your name on it. Anything with your name, house ect would be considered right of survivorship and absolutely is NOT subject to cs. It basically becomes yours period.

Since he left a life insurance policy to her you could fight that for half if he made those payments while married to you. Half of that would be considered community property because those payments would have been made using your portion of income. The other half would be his to do as he pleased. Why he would have is ex wife on there is beyond belief but sadly that wasn't changed, so you can probably only get half. I would also contact your attorney asap.

tootsie's picture

Submitted by tootsie on Tue, 02/27/2007 - 6:31pm

Thank you all for your responses. One of you asked why he kept his EX named as beneficiary on one of his life insurance policies - he was court-ordered to do that and will continue to maintain that life-insurance policy naming her beneficiary until all the kids are 18 or over. My concern, of course, is that she is so evil, and spiteful, that I have had nightmares about struggling to pay his child support after he's gone. She tries to make our life a living hell now. why would she stop if something happened to him. It hurts me so much that she calls his insurance company about once every other month and harasses THEM about husband's policies. (They won't tell her anything - they are bound by privacy.) But even our insurance company thinks she's horrible. Thank you all again for your input and moral support.