When a minor kid is involved in a divorce or child custody case, one parent may be granted primary custody while the other is ordered to pay child support. When one parent lives far away from their child’s primary residence, has a considerably larger income than the other parent, or is willing to pay child support, a situation like this can occur. Most court rulings involving a minor kid include a requirement that one parent pay child support for the child’s benefit.
Kid support is a legal obligation that derives from a parent’s legal obligation to support their minor child financially. This financial support obligation usually ends when the child reaches the age of majority, which is 18 years old and has completed high school.
Unfortunately, it is not uncommon for a parent who is compelled to pay child support to pass away before their child reaches the age of 18 and graduates from high school. Most jurisdictions have rules in place to ensure that child support obligations do not end when the obligor passes away. Following the unfortunate and unexpected death of a parent who is due to pay child support, this article covers ways to guarantee your child receives adequate financial support.
Legal Background for Posthumous Child Support Obligations
154.015(b) of the Texas Family Code “If a child support obligor dies before the child support obligation expires, the remaining unpaid balance of the child support obligation becomes due on the obligor’s death date.” As a result, when the parent who was ordered to pay child support dies, the whole amount of the child support obligation is due. Even if child support payments were made in monthly installments, the rest of the obligation must be paid in full when the support-paying parent passes away.
Child support requirements last longer than spousal support duties, which usually expire when one of the spouses passes away. This distinction reflects public policy that recognizes the importance of financial support in a minor child’s future. A single parent’s financial success, home life, and education can be challenging if a child support obligation is ended after a parent’s death.
Many options exist for a deceased parent to meet their ongoing child support responsibilities. It’s vital to remember that the deceased parent’s testamentary estate is still liable for unpaid child support. A sort of inheritance or a trust could be one option to meet the child support requirement. Another option for meeting a child support obligation is to probate a parent’s estate and sell any residual assets. Unfortunately, during the administration of a deceased parent’s estate, issues such as creditors or an illiquid estate can tie up and potentially damage the inheritance of their surviving kid.
Furthermore, the estate of a parent who is entitled to pay child support may not have sufficient assets to meet the child support obligation. A parent can prevent this painful scenario by purchasing and keeping a life insurance policy. A court may force a parent who is obligated to pay child support to purchase and maintain a life insurance policy if the parent is hesitant to do so. 154.016(a) of the Texas Family Code states:
“A child support obligor may be ordered by the court to obtain and maintain a life insurance policy, including a decreasing term life insurance policy, that will establish an insurance-funded trust or annuity payable to the obligee for the benefit of the child that will satisfy the support obligation under the child support order in the event of the obligor’s death.”
As a result, a court might require a parent to buy and maintain a life insurance policy to ensure that their kid has enough financial support until they reach the age of 18 and graduate from high school. It is critical to plan ahead in the event that the parent who is expected to pay child support passes away, and to consult with a qualified family law expert who can advise you on the choices available to you under the law.
When establishing a requirement to keep life insurance to meet a child support obligation, a Texas court will consider the following factors:
- The current value of the child support payments due until the child reaches the age of 18 and graduates from high school;
- The current value of the periodic cost of insurance premiums required to benefit the youngster until he or she reaches the age of eighteen;
- Whether a child has special needs or is pursuing an education that will last till adulthood.
The factors stated above are only a few of the many that can be reviewed with one of our experienced family law attorneys during a consultation. We can talk about how to plan for your child’s financial future if the parent who is required to pay child support dies, or what your legal alternatives are if the parent who is required to purchase life insurance refuses.
Can life insurance benefits be garnished?
If you or your beneficiary have outstanding debts when you die, creditors will not be able to seize the life insurance death benefit payout immediately from your loved ones. When you pass away, only the beneficiaries listed on the policy are eligible to receive a death benefit. The payoff from a life insurance policy is usually protected from those who aren’t named on the policy. That implies that after you die, the policy benefits will solely go to your dependents.
If your beneficiary owes money and receives a life insurance claim, however, the money is now considered an asset. Creditors may be allowed to garnish bank accounts if they sue them and win. Money from life insurance in certain bank accounts could be jeopardized.
If you named your estate as a beneficiary or if your beneficiaries died before you, things can get much more convoluted. If the death benefit of your insurance is paid to your estate rather than beneficiaries, it might be used to pay your creditors through a procedure known as probate. If this occurs, your insurer will pay your death benefit to your estate, which may be given over to your creditors to pay off any outstanding debts. Your estate will go through a probate process after receiving your death benefit payment, and the money will be utilized to pay off any outstanding debts with your creditors. Any remaining funds would be distributed to your estate according to your wishes as stated in your will.
Can a non-custodial parent take out a life insurance policy?
The quick answer is yes if you’re asking if you can get a life insurance policy on your ex-spouse or your child’s mother or father. You can normally get a life insurance policy on someone’s life if you can show that you have a “insurable interest” in them.
If you have an insurable interest, you could face a significant financial loss in the event of someone’s death. It is frequently illustrated in the case of an ex-spouse or co-parent because their death may result in the loss of financial support for the remaining children or former spouse.
Purchasing an insurance on your ex-spouse or partner, on the other hand, necessitates their knowledge and participation. It’s also when things start to get a little more difficult. If your relationship with your ex is strained, or if they are simply uninterested in your or their child’s well-being, it may be difficult to persuade them to agree to the terms of life insurance coverage.
The question of who should pay for a life insurance policy’s premiums can also be tricky. If your ex does not believe that he or she should be responsible for paying the premiums on his or her alone, they may recommend that you share the cost of the premiums in half. If you’re concerned that co-managing the policy will entail too much wrangling or become too unpleasant, you might want to try paying your premiums on your own.
A divorce settlement may mandate the non-custodial parent to get a life insurance policy on their own life for the children’s benefit. They may be put in contempt of the divorce decision if they fail to acquire or maintain insurance. If you’re in the process of a divorce, talk to your divorce attorney about including such a requirement in your divorce settlement if it’s required. It may be more effective to settle this subject in divorce court than than pursue it on your own and after the fact.
Can child support take life insurance from beneficiary in California?
Kid support payments are designed to ensure that a minor child receives support from both parents in the same way as he or she would if the parents were still married. One of the concerns that a custodial parent may have during the divorce process is, “How will I maintain my child if the paying parent dies before the child support responsibilities are completed?”
You can purchase life insurance to address this future uncertainty and ensure that your child does not suffer financially due to support payments in the event of the paying parent’s death.
Can child support take life insurance from beneficiary in Indiana?
Spendthrift trusts have the same issue because they must conform to strict guidelines. A spendthrift trust only makes payouts on a regular basis. You are not allowed to request more frequent payments as the trust’s beneficiary, and you are also not authorized to sell the trust for a lump sum. This arrangement can safeguard an inheritance from creditors, but not in the case of unpaid child support; the state can still seize the trust legitimately.
What debts are forgiven at death?
What Types of Debts Can Be Forgiven When You Die?
- Debt that is secured. If the dead had a mortgage on her home when she died, whoever inherits the property is accountable for the debt.
- Debt that is not secured. Any unsecured debt, such as a credit card, can only be paid if the estate has sufficient assets.
Can life insurance be seized by creditors?
Even if you have outstanding bills, insurance regulations restrict creditors from obtaining the death benefit from your beneficiaries. Life insurance companies will not pay out to an unlisted creditor since only the people mentioned in your policy can get a payout.
The death benefit, however, can be taken by creditors if it becomes part of your estate, which can happen if:
When you die, your estate goes through probate, a legal process that determines where your assets go. Lenders have first claim to such assets, as well as any life insurance proceeds that become part of your estate before your loved ones. If any money remains following this procedure, it will be distributed according to your wishes.
Your beneficiaries are protected from your creditors by regulations, but they are not protected from their own creditors if they are in debt. They become part of their assets once they receive the death benefit, which can be taken if they default on their own loans.
Can you take out life insurance on ex husband?
Yes, if there is an insurable interest, such as maintenance (alimony) and/or child support, and your ex agrees to sign the application and go through underwriting, you can take out a life insurance policy on your ex-spouse.
Can my daughter take out a life insurance policy on me?
A life insurance policy cannot be taken out on anyone, however there are specific circumstances in which you can take out a policy on someone other than yourself. Life insurance is a financial planning product that pays out after the insured dies to chosen beneficiaries. Most people buy a life insurance policy to assist plan for their death and provide financial security to their dependents and loved ones.
Can I get life insurance on my father without him knowing?
The individual whose life will be insured must sign the application and grant consent when purchasing life insurance. So, no, you can’t buy life insurance on someone without telling them; they have to agree to it.
Can child support take life insurance in Texas?
A: A beneficiary’s life insurance proceeds are totally free from garnishment, attachment, execution, or other seizure under Texas law. Only where premiums were paid in deception of a creditor, when life insurance was pledged to finance a loan, or when the insured pays back child support are there exceptions. If none of these exceptions apply, you will be able to keep the money.
Creditors will have to go after your husband’s estate to collect what they are owed. They will, however, face a lot of challenges.