Death benefit-supposed to pay child support

[cindy1]

What is the name of your state? NJ

The life insurance company paid a death benefit to my kids' father, against whom there has been a child support order for years. It is in arrears, he pays nothing, his whereabouts unknown (but he somehow got this money!). I & the county court sent the insurance company documentation that clearly showed them the federal law requiring them to pay the child support order first. They refused. My county court asked another county prosecutor (where the support case resides) to prosecute the insurance company. They would not even respond.

How can they get away with this? No one would pursue this with me.
Thanks!

 

[moburkes]

What federal law is that? Some life insurance companies specifically state that they will not pay off debts of the beneficiary.

 

[Betty]

Right - most ins. cos. will pay the policy proceeds to the beneficiary named in the policy. You then have to go after the bene to get your money.

 

[Dandy Don]

Who died and was your kids' father related to the decedent or not? Was the father the named beneficiary or is he supposed to be holding this money in trust for the kids?

How much was the death benefit?

If I were you I would file a complaint with the State Insurance Commissioner for whatever state the insurance company is located in so that he can investigate. Do a GOOGLE and you should be able to find the contact information to send an e-mail or query letter.

DANDY DON IN OKLAHOMA ([email protected])

 

[Shay-Pari'e]

What is the name of your state? NJ

The life insurance company paid a death benefit to my kids' father, against whom there has been a child support order for years. It is in arrears, he pays nothing, his whereabouts unknown (but he somehow got this money!). I & the county court sent the insurance company documentation that clearly showed them the federal law requiring them to pay the child support order first. They refused. My county court asked another county prosecutor (where the support case resides) to prosecute the insurance company. They would not even respond.

How can they get away with this? No one would pursue this with me.
Thanks![

I'm confused
https://forum.freeadvice.com/showthread.php?t=360734

 

[fairisfair]

I'm not

Dad owes child support, no one seems to be able to find him.

Somebody died, dad was the beneficiary of the life insurance. Amazingly, the insurance company was able to locate dad, and pay him the life insurance benefit.

Mom wants the child support and says that federal law requires the insurance company to have paid the child support judgement before releasing the benefits to dad.

That is where my lack of confusion ends. I know that benefits from a policy can be seized for child support, but is the insurance company under any obligation to do that? hmmmmm????

 

[Shay-Pari'e]

I'm not

Dad owes child support, no one seems to be able to find him.

Somebody died, dad was the beneficiary of the life insurance. Amazingly, the insurance company was able to locate dad, and pay him the life insurance benefit.

Mom wants the child support and says that federal law requires the insurance company to have paid the child support judgement before releasing the benefits to dad.

That is where my lack of confusion ends. I know that benefits from a policy can be seized for child support, but is the insurance company under any obligation to do that? hmmmmm????

I meant the confusion between both threads.

 

[fairisfair]

I'm not

Dad owes child support, no one seems to be able to find him.

Somebody died, dad was the beneficiary of the life insurance. Amazingly, the insurance company was able to locate dad, and pay him the life insurance benefit.

Mom wants the child support and says that federal law requires the insurance company to have paid the child support judgement before releasing the benefits to dad.

That is where my lack of confusion ends. I know that benefits from a policy can be seized for child support, but is the insurance company under any obligation to do that? hmmmmm????

I meant the confusion between both threads.

oh, okay, then I am confused too. LOL

 

[Betty]

Cindy -I don't know about any law that you are talking about in your post. What law is that? In N J (& most if not all other states) life ins. proceeds are exempt from "seizure" if the policy contains a clause that prohibts the proceeds from being used to pay creditors. They will pay the proceeds to the bene named in the policy - they have to if it's in their pol. provisions. As moburkes indicated in her post, life ins. cos. don't usually pay off the debts of their beneficiaries. The co. I worked for didn't. You can try & go after the bene for the proceeds after they receive them but you may not be successful if the proceeds were for the bene himself to use as he wished. (& he might have already spent all or part of proceeds)