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fddrum · Oct 1, 2009, 08:50 AM

We have been to court numerous times regarding child support payments. He told the court for each of the 3 appearances ago that he had the children on a life insurance policy as mandated by the court. He has failed to show proof of that. I know he does not have it.

Can I put a lien on his home for the full amount of the mandated life insurance or can I get the court to provide the payments for life insurance and I will get the policy on him.

We have 2 young children , he is re-married and currently on disability from work

fddrum · Oct 1, 2009, 08:57 AM

This is in New York state

JudyKayTee · Oct 1, 2009, 09:33 AM

Go back to the Court that issued the original Order and request that he be held in contempt.

No, unless you have a monetary Judgment against him you cannot file any liens.

stinawords · Oct 1, 2009, 10:20 AM

No, a lien can not be placed on something when no money is owed. You can ask the judge hold him in contempt unless he can prove that the insurance is in place. You can not get payments from the court either the court owes you nothing. Also, what type of disability is he on? Did he get hurt at work and getting workmans comp? Or is he receiving SSI? Or something else?

fddrum · Oct 1, 2009, 03:14 PM

He is on workman's comp right now but looking to go out permanently. So he is held in contempt -what does that mean in terms of getting the court ordered life insurance. What penalties does contempt bring upon him ?
Can they increase the child support payments so I can pay the life insurance premiums instead of the father paying?

JudyKayTee · Oct 1, 2009, 03:31 PM

If he is held in contempt he must follow the order of the Court or face jail - and in NY he has a chance, indeed, of going to jail.

On the other hand - if his financial situation has changed there is a possibility that "support" (which includes paying the life insurance premiums) will be reduced/changed. Any change, however, does not take effect until it is so ordered - his decision to stop paying is in violation of the Court order.

Yes, if he can afford it the child support payments can be increased to cover the life insurance; however, if his income (and opportunity to earn income) is reduced and he files for a reduction the reduction will undoubtedly be granted.

Again - this only effects ongoing monetary issues, not overdue/past due monies.

Child support in NY is by statute (as you know) - he pays a percentage of his income. Income drops, support drops.

fddrum · Oct 1, 2009, 08:58 PM

He already got the reduction last month because of his income change yet he stated at that time that he already had the insurance policy from several months ago. (lied again) . I am hoping the judge realizes this and awards the insurance premiums on top of his reduced payment since technically they were arrears from when he was able to pay more and he stated he already had the policy.

stinawords · Oct 1, 2009, 10:45 PM

But nothing was owed to you for you to collect so they were not technically arrears. I know it is frustrating but the insurance premiums were not owed to you. If he can't prove the insurance he is more likely to end up in jail than to have to pay you more money especially since he was already awarded the reduction. Do you have a way to prove that there is no insurance? If so bring it forward and the judge may then make another modification to the order and increase your support in lieu of the insurance but it wouldn't be by much. Do you have another court date or are you just wishing for the judge to randomly go back and modify his order (obviously impossible so I hope you get the sarcasm which sometimes dosen't translate in type). I'm not trying to be a smart or anything but unless and until you have another review set up then this is a mute point. You could always just hope that the insurance is in place and has been rather than more money.

cdad · Oct 2, 2009, 01:48 PM

Im just amazed by this post because life insurance is normally an option when buying insurance. And the fact that you want to buy a policy on your ex just stuns me.

JudyKayTee · Oct 2, 2009, 02:40 PM

Not uncommon in NY - person paying support must carry a life insurance policy naming the children as beneficiaries to ensure an income to them if the person paying support dies.

It was a requirement when my husband and his first wife divorced - but the premiums were NOT subtracted from his child support. He paid child support by Statute as well as the life insurance policy premium.

Apparently it makes sense to NY if not to me.

cdad · Oct 3, 2009, 03:14 AM

Originally Posted by JudyKayTee

Not uncommon in NY - person paying support must carry a life insurance policy naming the children as beneficiaries to ensure an income to them if the person paying support dies.

It was a requirement when my husband and his first wife divorced - but the premiums were NOT subtracted from his child support. He paid child support by Statute as well as the life insurance policy premium.

Apparently it makes sense to NY if not to me.

I think what gets me about it is that unless its mandatory for both parents of the child to carry life and health insurance for the children then it seems like a putative move on the courts part. Thanks for letting me know how it works in NY.. I wasn't aware of that.