Death of a parent, CS, and SS

[MomIsWorried]

What is the name of your state? Ohio

Posting this question for a friend. Her ex husband is terminally ill, he is ordered to pay support for their 2 children. He does pay regularly at this time, but was unable to pay for about a year, and arrears are $5000+. When he dies, the kids will obviously get something each month from social security ... but she wonders about the arrears. I think that the $5000+ will be something that she won't ever see, unless there is money left over from his estate (??) ... but I don't know a lot about what happens when an NCP dies ... or what kind of financial support is available to the surviving children.

If someone could explain this to me, I'd appreciate it (and so will my friend). Thanks!

 

[nextwife]

You are correct in that he ability to get arrears is dependent upon what is available from the estate. Certainly, if he has been terminal, it is understandable that he may not have been capable of keeping upthe the CS payments.

Did she make any provision for life insurance during the divorce? If he is not remarried, his kids might be the beneficiaries on any 401K he may have or on other life insurance.

I constantly harp on women to NOT presume that CS will always be there for them and to plan accordingly, for exactly this reason. That they themselves need to be certain to acquire their own sustainable job skills in case they need to be their kid's sole means of support. NCPs DO become terminal, do become disabled and do die before their children grow up - regardless of the existance of any court order for support. One needs to be able to support their kids if the other parent ever can't. My MIL, for example, became a widow shortly BEFORE my husband was born - and her country didn't even have SS or life insurance for her to fall back on!

 

[MomIsWorried]

Thanks for your quick response. I agree 110% with what you said about women need to have job skills to support their children in the event CS stops for one reason or another. I supported myself and my 2 oldest daughters for years after my divorce because I wasn't getting CS ... then I got remarried and my husband wanted me to be a stay-home mom ... that was probably one of the hardest things I ever did ... walk away from my job, where I was making $11.70/hour (and in 1993 that was damn good money!).

Anyway...off topic there for a sec... The ex is not remarried, and I believe he does have a life insurance policy ... although not so sure about a 401k, just because of where he works.

Certainly, if he has been terminal, it is understandable that he may not have been capable of keeping upthe the CS payments.

Completely understandable ... and I've often wondered why he didn't request some kind of reduction based on his illness and inability to work for a time ... but that's not really my business, it's hers.

Thanks again for the reply.

 

[nextwife]

Did she arrange in the divorce to have a life policy specifically naming herslf, or the kids? Unless it is court ordered, he may not have them as the beneficiaries. Hopefully, there is at least one policy in which they ARE named, if she doesn't have one on him she has maintained herself.

 

[rmet4nzkx]

Since he is terminally ill, he should immediately apply for Social Security disability so he children's dependent's benefits can be estabished and mom as rep payee, also if there is any back payments for SSDI that might be applied towards the arrearages. Dad may want to set up some sort of a trust/will now so as to provide in the most efficient manner for his children in the future.