Anyone know if in Arizona I as the wife would be responsible for continuing to pay CS to OC if something were to happen to my DH?? You would think that the OC would be able to get social security or something??

Anyway, we are looking into getting life insurance especially since we have a baby now and I don't work. Should we get a separate policy for OC? If so, in what amount? I just don't want to have to pay CS for a child that is not MY responsibility, when I would be in a hardship myself!!!

Thanks for any info in advance!!!

cd can correct me if I am wrong, but in no way would you (W) have to pay CS for OC. The OC may have a claim on estate or be able to claim social security benefits. I don't have an OC, but I have a D w/ a man I never married. When I took him to court for CS I has a life insurance clause added as well as coverage until the age of 22 so long as my D stays on school and does not marry before then. tew

CD: Interesting question...would the oc have a claim to any estate? Our attorney said that he thought (remember that his specialty is NOT wills and probate) but that if there is a will which spells out everything then an oc shouldn't have a claim on the estate but would have a claim for ss benefits if they are under 18 (or maybe it was 21)

Thoughts?

A

angelia,
I live in Ga. I know my grandmother didn't want to leave my dad or uncle anything. She wanted me and my brother to receive it all. The atty made her add a clause that she was leaving them each a dollar. This supposedly made it legal and precluded their ability to challenge the will. However, they were above 21 at the time and that was a few years ago. I am not too sure of the exact legalities involved. tew

Hi all,
There is some variations in law between states on this issue. Some states require that a man take out a life insurance policy with the oc (or whatever child the child support order is for) so that the child is provided for in case of the paying parent's death. Other states, including PA, have no such requirements. However, in PA, the estate of the deceased would be responsible for paying child support so long as viable assets remained in the estate. I think most states operate in this fashion, but I can't say that they all do. Bear in mind that any assets you acquire jointly with your husband will be included as assets in his estate, so you honestly could find yourself battling it out with ow, who could potentially force a sale of your home in order to secure oc's share of the estate. No kidding. I have read cases where it has happened, but it has been a while since reading them, and I don't recall the specifics anymore. Just remember that it scared the bejesus out of me. Some states allow oc to be disinherited by will, and some do not. Regardless of where you are, the oc will be entitled to a share of the SS payments, and ow can, in fact, sue to have an increased share. Read about that happening as well.

I would advise anybody in this position to contact an attorney specializing in wills and estates, and take appropriate measures from there. My attorney-boyfriend does not specialize in estates, but he concedes that an oc situation couuld be a nightmare problem for a surviving spouse, depending on the state you are in. Definitely, I would say this is something that needs to be discussed with a specialized attorney in your state.
with love, and good to see you on the boards, happy_girl!!!
-cd