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WayTooMuch · Jul 19, 2009, 10:26 AM

If a noncustodial parent passed away, will child support orders end? No survivors of the noncustodial parent should be liable for the court order, correct?

Lets make this case even more interesting... what if the noncustodial parent has life insurance, but the child(ren) in question are not listed as beneficiaries, can the custodial parent file and sue for life insurance benefits? I guess life insurance benefits is sort of like "wills" huh? Are custodial parents entitled to benefits even if the child(ren) are not listed as beneficiaries?

J_9 · Jul 19, 2009, 10:29 AM

If a non-custodial parent dies, child support ends. There are survivors benefits that one may apply for.

As for the life insurance... this would have to be contested by the custodial parent otherwise the child/custodial parent gets nothing.

twinkiedooter · Jul 19, 2009, 11:14 AM

The life insurance proceeds will be paid out to the beneficiary listed on the policy. No one else. The noncostodial parent can sue for the benefits, but I seriously doubt a Judge will change the law and award the benefits to someone not listed on the policy. A life insurance policy is never considered a "will" as you put it. It is a contract between the life insurance company and the person whose life is insured.

The child support ends with the death of the payer.

cdad · Jul 19, 2009, 11:48 AM

Originally Posted by WayTooMuch

If a noncustodial parent passed away, will child support orders end? No survivors of the noncustodial parent should be liable for the court order, correct?

Lets make this case even more interesting....what if the noncustodial parent has life insurance, but the child(ren) in question are not listed as beneficiaries, can the custodial parent file and sue for life insurance benefits? I guess life insurance benefits is sort of like "wills" huh? Are custodial parents entitled to benefits even if the child(ren) are not listed as beneficiaries?

Lets get a few things straight here:

1) the only child support that is still due if there is money in the estate to pay is arrears. Reguler monthly child support obligation ends with the passing of the parent.

2) Life insurance is a separate contract between the buyer and an entity. It has nothing to do with the estate or child support in any way. Its nothing like a will.

Why are you asking these questions ? Homework ?

J_9 · Jul 19, 2009, 11:59 AM

The life insurance can be contested if it was purchased before the birth of the child and the beneficiaries not changed accordingly. I've seen it done on a number of occasions.

WayTooMuch · Jul 19, 2009, 02:24 PM

Originally Posted by J_9

The life insurance can be contested if it was purchased before the birth of the child and the beneficiaries not changed accordingly. I've seen it done on a number of occasions.

Very interesting!

I guess, it will all depend what state the case is based out of.

WayTooMuch · Jul 19, 2009, 02:30 PM

Originally Posted by califdadof3

why are you asking these questions ? Homework ?

Simple curiosity. Don't ever hear anything about this so I was wondering this morning.

Now watch a bunch of noncustodial parents required to pay support will try to fake their death certificates! :D

I like the life insurance part where it's not like the will. Key to avoid any loopholes, just make sure one updates the beneficiary once a year. BTW, so if a noncustodial parent has arrears, then the court will try to pursue it by using life insurance pay outs? Also interesting... makes you wonder what other "funds" can a court go after to cover arrears if a noncustodial parent dies?

401K, IRAs, investments?

MomWontGiveUp · Jul 19, 2009, 03:29 PM

Originally Posted by WayTooMuch

Simple curiosity. Don't ever hear anything about this so I was wondering this morning.

Now watch a bunch of noncustodial parents required to pay support will try to fake their death certificates! :D

I like the life insurance part where it's not like the will. Key to avoid any loopholes, just make sure one updates the beneficiary once a year. BTW, so if a noncustodial parent has arrears, then the court will try to pursue it by using life insurance pay outs? Also interesting....makes you wonder what other "funds" can a court go after to cover arrears if a noncustodial parent dies?

401K, IRAs, investments?

I think it can depend on what state you live in. I live in Oregon and I believe the state can go after the "estate" if there are arrears. Proceeds from the sale of the home can have a lien by the state. Social Security may provide some benefits to surviving beneficiaries, as well.

Also - be sure to check your court order to see if either or both parents are ordered to carry a certain amount of life insurance with the children as beneficiaries. Our order is written this way (even though I don't think the CP has any life insurance.)

WayTooMuch · Jul 19, 2009, 03:35 PM

Originally Posted by MomWontGiveUp

Also - be sure to check your court order to see if either or both parents are ordered to carry a certain amount of life insurance with the children as beneficiaries. Our order is written this way (even though I don't think the CP has any life insurance.)

Wow, now we're getting down to the nitty gritty stuff. I haven't seen court orders that specific! It's like the court is forcing you to pay additional monthly (premiums for a life insurance policy)! I guess if the court believes that a noncustodial parent has suicidal tendencies and it's rich...

Fr_Chuck · Jul 19, 2009, 04:11 PM

I have never seen a child support order that did not require life insurance, I guess it is a issue of practice.

I have one right now, exact thing, man died, child support order said man must have 25,000 life policy on child, man dies, so child support ends. The man did have a policy with new wife getting the money, they have the insurance frozen and will most liekly get the 25,000 out of the policy.

There is another, not sure how it is going to happen, man had a court order to keep 10,000 on his life for child, years latter he dies, child is now 23 or so, but the order did not say insurance had a end date, so child is sue estate for that amount of money

WayTooMuch · Jul 19, 2009, 04:18 PM

Originally Posted by Fr_Chuck

I have never seen a child support order that did not require life insurance, I guess it is a issue of practice.

Most orders I've seen are without! I guess that makes the difference between being on top of your class in law school or the bottom barrel of your law school! Good and bad lawyers.

cdad · Jul 19, 2009, 05:01 PM

Originally Posted by J_9

The life insurance can be contested if it was purchased before the birth of the child and the beneficiaries not changed accordingly. I've seen it done on a number of occasions.

Unless its by court order there is no obligation to put anyone specific on as a benificiary of a life insurance policy. Having children and never changing it has no bearing. Is there something you can quote to back this up ?