Un-friggin-believable is all I can say!! What if it was the BM that died - would her estate be responsible for paying CS - probably not....god this sort of thing makes me soo mad!!

I have problems with the principles of many child support situations, but let's leave that out for a second. In our settlement, the whole point of life insurance dedicated to the child is to provide for the child after the death of a parent, in lieu of the CS that won't be coming any more. That's why our insurance requirement is so high. Once you accept the legal principle of support, I can see the legal logic of taking from the estate if the deceased, esp. if the deceased was under-insured.

It depends on the math and the original support obligation. For example, if support (including medical etc.) for this one child was $2,000 a month, CS of approx. $24,000 per year times 3 or 4 more years ('til age 18 or 19) would be say, $125K at most. Because that is less than the $200K insurance proceeds, under that math there wouldn't be any remaining support obligation after the offset.

A child's needs and expenses don't end with the parent's death. We have five more years left to pay CS, which means a grand total of almost $50k that BM would not get if DH died today. That doesn't include college expenses, medical bills, etc. We carry a $250k life insurance policy payable to BM for benefit of the skids and another $500k payable to me. This insurance costs us less per month that it would cost our family to eat one meal in a restaurant, but it'll save me from having to fight BM in court to defend my right to 100% of DH's estate if he dies. I don't want to be grieving and fighting BM, too, so it's money well spent, in my opinion. Our BM carries the same amount of life insurance for the skids in the event of her death.
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ANNE 8102 | GEORGIA

Anne, I read the article too. This CS through his estate is IN ADDITION to the $200k in life insurance AND the $992/mth in social security benefits paid directly to her. For this 15 yr old.. that $200K policy is $66,666 A YEAR for 1 kid. If your dh owes $50k for the next 5 yrs.. then I would think that $77k a year for 3 yrs should be plenty for this "child".. dont you?

I think the courts are over stepping their bounds here.

The 66K per the policy and the $992 for 12 months comes out to more than $77k per year. That is more than I make at my full time job.

I think the insanity needs to stop with the ridiculousness of some of these CS awards.

I thought that's what social security was for when a parent dies before their child is of age. I know several kids who get social security due to a deseased parent. I am pretty sure that all they get.

This is nuts!