child support after the death of the parent that pays child support

[nextwife]

I agree that an estate being attached for CS would generally apply to arrearages rather than current support. I am sure that there could be some exceptions based on very specific circumstances.

Otherwise, Social Security Survivor's benefits are designed to replace child support, whether the family was previously intact or not.

I will admit that I haven't read the thread as thoroughly as I should have, but my father is a retired insurance agent, and I know of quite a few cases (upheld in court) where a beneficiary was overturned when it conflicted with either established law or court ordered agreements. Who has ownership of a policy is also a significant factor.

Of course, that can only occur if there IS life insurance.

And ownership is highly important. The CS court cannot have any jurisdiction over life insurance that doesn't even belong even to the obligor, nor for which the premiums are paid by another for which they are beneficiary. Example: Dad had never bought life insurance on his own, but his wife had obtained it through her work against him. She has every right to the life policy proceeds that would not have existed had she not secured the life insurance and paid for it.


And attaching an estate is only relevant if an estate of any value exists. If his assets consisted of various holdings that pass outside probate, or he had no savings or other assets, it may be irrelevant. IF he cohabited with another party, it may be very hard to establish what PERSONAL PROPERTY WAS HIS at his death.