Support as obligation of estate (Texas)

[Alynadia]

What is the name of your state (only U.S. law)? Florida
Hello all,

In my divorce decree there is a small paragraph that talks about "support as obligation of estate", I believe this is mandated by Texas law where the divorce took place. I have been advised that a living will can supersede this. Is that the case?
For a little background, my daughter and her mom now live in Alabama, and the decree has been domesticated by Alabama. I now live in Florida, have remarried and have a step daughter and a son with my wife.
What would be my options, I am open to suggestions.

Thanks in advance

Frustrated.....

 

[stealth2]

Options in what regard?

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
Hello all,

In my divorce decree there is a small paragraph that talks about "support as obligation of estate", I believe this is mandated by Texas law where the divorce took place. I have been advised that a living will can supersede this. Is that the case?
For a little background, my daughter and her mom now live in Alabama, and the decree has been domesticated by Alabama. I now live in Florida, have remarried and have a step daughter and a son with my wife.
What would be my options, I am open to suggestions.

Thanks in advance

Frustrated.....

Your question/issue is entirely unclear.

 

[Silverplum]

Your question/issue is entirely unclear.

As are the reason/s you think a living will has anything to do with financial obligations, or why you think subsequent children or stepchildren are an excuse to avoid your obligation to your first child/ren, even in death.

 

[latigo]

What is the name of your state (only U.S. law)? Florida
Hello all,

In my divorce decree there is a small paragraph that talks about "support as obligation of estate", I believe this is mandated by Texas law where the divorce took place. I have been advised that a living will can supersede this. Is that the case?
For a little background, my daughter and her mom now live in Alabama, and the decree has been domesticated by Alabama. I now live in Florida, have remarried and have a step daughter and a son with my wife.
What would be my options, I am open to suggestions.

Thanks in advance

Frustrated.....

Are you speaking of alimony or child support.

As to child support all I have found is that a Texas family court may order the obligor to maintain a life insurance policy that will serve to satisfy the child support obligation in the event of the obligor's death. (Texas Family Code Section 154.016) But nothing with respect to binding the estate of a deceased obligor.

By statute post judgment maintenance or alimony terminates on the death of either party. (Ibid Section 8.056)

 

[Alynadia]

I apologize for being unclear.

I am not trying to get out of paying child support, and I am not in arrears.

If I were to die (not planning on it anytime soon):

1. Can having a will supersede the fact that the divorce decree has the "support as obligation of estate" as part of it. I would like to have control over what is used as a credit against my CS obligation.

If a will does not supersede the "support as obligation of estate":

2. I have named my wife as beneficiary on my life insurance and retirement. Would either or both of those be used as a credit against my child support obligation?

3. What other assets would/could be used as a credit against my child support obligation? (House, joint bank accounts, etc)

4. I have read a separate life insurance to cover CS in case of my death would also be an option. How would I calculate the amount of money needed?

The reason I ask is that we have worked hard to get where we are, and it would be very unfair for on top of having to grieve my loss for my wife to lose what we have worked so hard for.

Thanks again

 

[Silverplum]

I apologize for being unclear.

I am not trying to get out of paying child support, and I am not in arrears.

If I were to die (not planning on it anytime soon):

1. Can having a will supersede the fact that the divorce decree has the "support as obligation of estate" as part of it. I would like to have control over what is used as a credit against my CS obligation.

If a will does not supersede the "support as obligation of estate":

2. I have named my wife as beneficiary on my life insurance and retirement. Would either or both of those be used as a credit against my child support obligation?

3. What other assets would/could be used as a credit against my child support obligation? (House, joint bank accounts, etc)

4. I have read a separate life insurance to cover CS in case of my death would also be an option. How would I calculate the amount of money needed?

The reason I ask is that we have worked hard to get where we are, and it would be very unfair for on top of having to grieve my loss for my wife to lose what we have worked so hard for.

Thanks again

Your definition of 'unfair' doesn't seem to include your first child/ren. Why is that?

 

[xylene]

You are previously married.

You are now doing estate planning. That is almost always NOT a DIY project and is definitely not becuase of your divorce obligations.

You need to set up a solid plan with a lawyer and plan for how your divorce obligations impact your estate planning approach.

You say - we have worked hard to get where we are, and it would be very unfair for on top of having to grieve my loss for my wife to lose what we have worked so hard for.

OK well that something to talk about with the estate planner too, but the way you say it makes it sound like your current wife is either in denial or not clued in about the obligations of you divorce. Perhaps some marriage counseling would be in order to address the prospect that you ex wife is possibly going to have a claim on your estate.

 

[Alynadia]

Your definition of 'unfair' doesn't seem to include your first child/ren. Why is that?

Not at all. My intent is not to exclude my first child. As I said before, I would like to have control over what is used as a credit against my CS obligation in the event of my death.

 

[Silverplum]

Not at all. My intent is not to exclude my first child. As I said before, I would like to have control over what is used as a credit against my CS obligation in the event of my death.

Then it's simple: buy and maintain a separate life insurance policy of adequate value, for the specific purpose of taking care of your legal obligation.

 

[Alynadia]

You are previously married.

You are now doing estate planning. That is almost always NOT a DIY project and is definitely not becuase of your divorce obligations.

You need to set up a solid plan with a lawyer and plan for how your divorce obligations impact your estate planning approach.

You say - we have worked hard to get where we are, and it would be very unfair for on top of having to grieve my loss for my wife to lose what we have worked so hard for.

OK well that something to talk about with the estate planner too, but the way you say it makes it sound like your current wife is either in denial or not clued in about the obligations of you divorce. Perhaps some marriage counseling would be in order to address the prospect that you ex wife is possibly going to have a claim on your estate.

The reason I am asking these questions Is because I want to know what my options are in the event of my death. And again, this does not exclude my first child. I am fully aware that I will probably need a professional's help with this, but I am asking so I have an idea of what my options are before I go talk to one.
As far as what my wife thinks or does, respectfully, that is between her and I, enough said.

If you can steer me in the right direction with regards to the above posted questions, or have any more suggestions on the matter, I would surely appreciate it, if you cannot, then I thank you for your time and wish you a good night

 

[Alynadia]

Then it's simple: buy and maintain a separate life insurance policy of adequate value, for the specific purpose of taking care of your legal obligation.

Thank you, what would be the best way to calculate the amount of money needed?

 

[Silverplum]

Thank you, what would be the best way to calculate the amount of money needed?

That's actuary math. Nobody said I had to do math!

 

[TheGeekess]

That's actuary math. Nobody said I had to do math!

There, there, Plummy One; here, have a bit of chocolate.

 

[Alynadia]

That's actuary math. Nobody said I had to do math!

Sorry, didn't mean to make it complicated for you