Besides the CS they now have started to taking the insurance (from his job) out of his check, the way it is set up they could not just take it on OC alone they had to do a single (my H) and a dependant (OC) with their plan we also get offered a life insurance for free. If we do fill out the life insurance and he leaves it to me only and something happens to him, would I be the only one that has rights to it or would OW have a right to some of it for OC????

I know this more of a legal question but figured who would know more then someone in the same boat!

I think it depends on what state you're in. I live in South Carolina and no one has brought up life insurance for OC yet?? We did put Oc in our will, but that was never mentioned in court yet either. I don't think they can take life insurance for which you are the beneficiary outright, BUT I have heard that some states require child support payments on OC, even after death. That hasn't been mentioned here either and I don't see how they can do that, but I'm sure someone will pipe in. Also, I know that OW and OC will get social security until OC is 16, then just OC until they are 18, but that shouldn't affect what you get. In other words, each party gets a certain amount, with a family cap, but there are two different families. I think that's how it works. There is a federal website concerning those questions and they are on the website. I don't remember the address. Hope that helps. Maybe you can say what state you are in, so someone from that state can give more pertinent info. Best of Luck! cold

Thunderstorm,

You should definately check the laws in your state. In my state, OW would have claim to continued child support from H estate (me!) if something happened to him before OC turns 18. Since the policy is free, you might consider using this to satisfy any CS claims if H dies before OC is 18. You would need to state that in the CS document and that would be reasonable.

So, even if you would like to get the $$ from the policy, consider having to pay the CS for this OC after H is gone! Not for me, thank you. Check the laws. I learned about this insurance idea on this board!

FWIW, since I don't know specifics in your case, I can't offer definitive advice.

what I do know is this...

If your custody / CS orders don't address an insurance policy specifically for the OC (to cover what would have been paid in CS when the parent passes) you don't have to provide one. If you are the beneficiary, then she (the ow) can't fight it. ok, she can fight, but she has no grounds. Social security will provide death benefits to the child.

I'm glad that I read this...I have to remember to add it to my list of things to discuss with the attorney. First things first though...Paternity...We have no intentions of leaving anything in a will to the OC, however, if we have too, we will have an insurance policy.

thunderstorm, when it comes to insurance (that's the business I am in) the life insurance proceeds go to the named beneficiary (there can be more than one PRIMARY beneficiary if the Owner chooses) PERIOD. There can also be contingent beneficiaries who the proceeds would go to if the primary beneficiary is no longer living. And lastly, if there is no named beneficiary, it goes to the Estate.

There can be legal decisions that will affect the Estate of someone, but one of the purposes of Life Insurance, Annuities, things like that, is to AVOID probate and have the proceeds pass directly to the named beneficiary or beneficiaries.

So if your husband is taking out a Life policy on the OC as the Insured, your husband should remain the OWNER of the policy and retain the right to name the beneficiary, in this case most probably himself with you as the contingent beneficiary. I don't know what State you live in (I am licensed in VA, NC, SC) but Life Insurance works pretty much the same way in all States.

With respect to his legal obligations toward the OC, you would be better served by taking those question to your attorney. You can even fund a trust with a life insurance policy to provide for the child's needs while "keeping" the money from the OW and in the hands of the Trustee that you set up.

It would appear from what you have written, however, that the Life Policy is on your husband with the child as the beneficiary. IF that is so, then I would strongly urge you consider a Trust with the Insurance funding it. Premium payments are made to the Trustee (usually an attorney) with the Trustee then seeing to it that the premium payment is made on behalf of the Trust. Let your attorney help with how to set up the trust so that "wishes" of your husband would be carried out in the event of his death.


God bless.

The courts won't likely ASK for an insurance policy for OC. For us, it was a protection for ME, in case my H dies and his estate (me) would still be responsible for CS payments until she is 18. This was specified in the CS decree. And we did set it up to be in a trust fund, so OW can't just take it. OW can't take any policy funds you might get if you are the beneficiary.


Threadjack (but in the realm)
We still need to update our will, with OC in mind. And talk to an attorney about protecting future assets we might have. Does anyone know what kind of attorney we should use? Wills and estates? Family Law? What? LynnG. any suggestions?

I want to make sure that when OC is older, if WE want to give something more, we can. But making sure OW cannot TAKE it, by going to court. Any suggestions?

Estate lawyer or family law would be a good way to go.

Thanks! My H is an attorney, but not this kind. I may talk to someone by myself. We moved to a new city, but it is kind of a small legal community. I don't know if he wants too much info out in the open. I don't.

I can understand that....my H works with the OW, different shifts though. We really don't want this to get out either...they both risk being fired.

Outside of that, this is EMBARRASING as ******.

hey crazy i need to talk to you off the forum.